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2025 DAILYLAW 185618 (ALL)

MANISHA @ MANISHA KATARIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1267/2025 · 2025-11-14

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1267 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.927 of 2022 under sections 363, 366, 368 I.P.C., P.S. Nighasan, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that minor daughter of the complainant aged about 17 years on 8.12.2022 went missing since about 6.00p.m. It is further alleged that the complainant came to know that the co-accused Jaswant has enticed her away. 4.Learned counsel for the applicant submits that the co-accused Smt. Savitri who was assigned similar role has been granted anticipatory bail vide order dated 5.12.2023 passed in Anticipatory Bail No.2764 of 2023. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that the charge sheet has been filed. 6.I have considered the submission and perused the record as also statement of the victim under sections 161 and 164 CrPC, a perusal whereof shows that the role assigned to the accused applicant who is a Versus Counsel for Applicant(s) : Deepak Kumar Counsel for Opposite Party(s) : G.A. Manisha @ Manisha Katariya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) lady is similar to that of the co-accused Savitri who has been granted protection by a coordinate Bench of this court vide order, Annexure-10 to the bail application. The applicant has no criminal history, charge sheet has been filed, applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and she will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 14, 2025 kkb/ ABAIL No. 1267 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench