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2025 DAILYLAW 177944 (ALL)

UMAKANT UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/1708/2025 · 2025-11-13

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1708 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.953 of 2025, under Sections 3(5), 108, 351(3), 352 of BNS, Police Station Kotwali, District Barabanki. 3. The FIR in question was lodged alleging that on 12.10.2025, an informant was received by the informant that his brother has committed suicide. In the suicide note, it was mentioned that all the applicant used to threat him for returning the money with interest, because of which, he committed suicide. The suicide note is annexed as Annexure-5 to the bail application. 4. It is argued by the Counsel for the applicant that one of the co-accused, namely, Ranjeet Singh has been granted protection of arrest stay in Criminal Misc. Writ Petition No.9938 of 2025. The co-accused Shubham Verma is also granted the benefit of anticipatory bail vide orders passed today in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.1642 of 2025. 5. Learned A.G.A. vehemently opposed the bail prayer. Versus Counsel for Applicant(s) : Manjusha Kapil Counsel for Opposite Party(s) : G.A. Umakant Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 6. Considering the suicide note and the allegation in the FIR, prima facie, material to suggest abetment as defined under the BNSS Act is absent and also considering the law as explained in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387, I am of the view that the applicant is entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 7. In the event of arrest, let the applicant Umakant Upadhyay be released on anticipatory bail in the abovesaid first information report number till submission of the charge-sheet on his furnishing personal bond and sureties of Rs.5,000/- to the satisfaction of the Investigating Officer concerned with the following conditions: (i) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with investigation; (ii) 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 and (iii) The applicant shall not leave India without the previous permission of the Court. November 13, 2025 akverma NABAIL No. 1708 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench