ALOK AGNIHOTRI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/557/2025 · 2025-12-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183811 (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. - 557 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. 2. Present application has been filed seeking anticipatory bail apprehending arrest in FIR No.0132 of 2025, under Section 108 BNS, Police Station Kotwali City, District Hardoi. 3. In terms of the FIR, allegations were levelled that sister of the informant was married to the applicant on 07.12.2025, however, it was alleged that the entire matrimonial family used to harass her for share in the property. It was also stated that the applicant, who is husband of the deceased, was having illicit relation with his sister-in-law and used to beat her and because of the said harassment, she committed suicide. Cause of death, as per the postmortem report, is antemortem hanging and apart from the ligature mark, two contusion injuries were also observed on the head and the upper arm. The applicant is being prosecuted for the offence under Section 108 BNS. It is informed that the charge-sheet has been filed and the applicant was not arrested during investigation. 4. Learned AGA opposes the bail application. 5. Considering the material alleged against the applicant, the same would not Versus Counsel for Applicant(s) : Bhagwati Prasad Nigam, Anurag Shukla Counsel for Opposite Party(s) : G.A., Arjun Singh Kalhans, Akshaye Tiwari Alok Agnihotri .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
amount to abetment as defined under the BNS. As such, considering the law as explained in the case of Mariano Anto Bruno and Anr. v. Inspector of Police; 2022 SCC OnLine SC 1387 and there being no counter affidavit by Opposite Party No.2, a case for anticipatory bail is made out. The present application for anticipatory bail is accordingly allowed. 6.
In the event of applicant surrendering before the trial Court, let the applicant Alok Agnihotri be released on anticipatory bail in aforesaid FIR number till conclusion of trial on his furnishing a personal bond with two sureties of Rs.20,000/- each 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. December 3, 2025 nishant NABAIL No. 557 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench