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2025 DAILYLAW 175139 (ALL)

MOHD. SADDAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

NABAIL/1688/2025 · 2025-11-15

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1688 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. Sri Nagendra Singh appears for the informant. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.208 of 2025 under section 108 BNS, P.S. Nagram, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 24 years, was alone and had committed suicide, and an apprehension was expressed that on account of the harassment meted out by the applicant, she had committed suicide. The postmortem report on record indicates the cause of death as antemortem hanging. 4. The counsel for the informant states that the applicant was harassing her for marriage. 5. Considering the material on record, prima facie abetment, as defined under the BNS Act, is absent, as such, considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, the applicant is entitled to the benefit of anticipatory bail till the conclusion of the trial. 6. In the event of arrest, let the applicant Mohd. Saddam be released on Versus Counsel for Applicant(s) : Mohd. Raziullah, Saksham Mishra, Zartab Qamar Counsel for Opposite Party(s) : G.A. Mohd. Saddam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of Court below concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (d) The applicant shall not leave India without the previous permission of the Court. 7. The present application for anticipatory bail is accordingly allowed. November 15, 2025 VNP/- NABAIL No. 1688 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench