SATYAM SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. OF HOME AND CONFIDENTIAL LKO. AND ANOTHER
NABAIL/1689/2025 · 2025-11-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181831 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181831 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1689 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant; learned AGA for the State and Ms. Shradha Tripathi who 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.0481 of 2025 under sections 85, 115(2), 108, 352, 351(3) BNS and section 3/4 DP Act, P.S. Thakurganj, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant sometime in the year 2010, and thereafter their relationship was not cordial and threats were also issued on various occasions. It was subsequently informed that she had died on 20.08.2025 allegedly on account of an overdose of some medicines. 4. It is argued that the applicant was granted the benefit of interim anticipatory bail by this court, vide order dated 15.10.2025 passed in application U/s 529 BNSS No.58 of 2025 till the disposal of the anticipatory bail application pending before the trial court. Subsequently, the anticipatory bail application of the applicant has been rejected by the trial court. 5. The counsel for the applicant argued that the marriage was solemnized sometimes in the year 2010. The allegations of victim died on account of overdose medicines and on account of harassment, cannot be termed as Versus Counsel for Applicant(s) : Nadeem Murtaza, Nilish Anand, Shashank Tilhari Counsel for Opposite Party(s) : G.A. Satyam Shukla .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Of Home And Confidential Lko. And Another .....Opposite Party(s)
abatement as defined under the BNS Act. Reliance is also placed upon the judgement of the Supreme Court in the case of Velladurai vs. State represented by the Inspector of Police; (2022) 17 SCC 523. 6. Counsel for the informant, on the other hand, opposes the bail by arguing that the trial court itself has recorded that the applicant is not cooperating with the investigation, and thus no case for the grant of anticipatory bail is made out. 7. Considering the material on record, prima facie abetment as defined under the Act cannot be said to be categorically made out, however, the same is subject matter of investigation. 8.
In view thereof and considering the law as explained in the case of Velladurai (supra), the applicant is entitled to the benefit of anticipatory bail till filing the police report. 9. Thus, In the event of arrest, let the applicant Satyam Shukla be released on anticipatory bail till filing of the police report in aforesaid FIR number on his furnishing a personal bond of Rs.10,000/- to the satisfaction of Station House Officer concerned with the following conditions: (a) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with the investigation; (b) The applicant shall not leave India without previous permission of the Court; (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;
10. The anticipatory bail application stands allowed. November 15, 2025 VNP/- NABAIL No. 1689 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench