Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 188632 (ALL)

MAHTAB ALAM v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND ANOTHER

ABAIL/659/2025 · 2025-11-18

Pankaj Bhatia

body2025

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 438 CR.P.C. No. - 659 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. None appears for informant despite notice. 2. The present application has been filed under Section 438 of BNSS seeking anticipatory bail apprehending arrest in FIR No.119 of 2025, under Sections 69 BNS, Police Station Kotwali, District Sitapur. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the informant came in contact with the applicant. On false pretext of marriage physical relations were formed and threats were also issued and now the applicant is refusing to marry her. In her statement under Section 180 BNSS the victim had admitted that for the last six months physical relation were formed on the false pretext of marriage. The tentative age of the victim is around 22 years. It is stated that chargesheet has also been filed. 4. Learned A.G.A. vehemently opposed the anticipatory bail prayer. 5. Considering the improbability of allegations, the applicant is entitled for anticipatory bail. Accordingly, the anticipatory bail application is allowed. 6. In the event of arrest, let the applicant Mahtab Alam be released on Versus Counsel for Applicant(s) : Sunil Kumar, Anil Kumar Tripathi Counsel for Opposite Party(s) : G.A., Anil Kumar Singh, D.P. Dutt Tiwari Mahtab Alam .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And Another .....Opposite Party(s) anticipatory bail in the abovesaid first information report number till conclusion of the trial on his furnishing personal bonds and two reliable sureties of Rs.30,000/- each to the satisfaction of the court 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. November 18, 2025 J. K. Dinkar ABAIL No. 659 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench