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2025 DAILYLAW 193308 (ALL)

HEAVEN SHARMA v. STATE OF U.P. AND ANOTHER

NABAIL/8157/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8157 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 258 of 2025 under section 64(2)m, 115(2), 123, 351(3) of B.N.S. and section 3/4 of Dowry Prohibition Act, Police Station - Crossing Republic, District - Ghaziabad. 3. Contention of counsel for the applicant is that from the bare perusal of the F.I.R. as well as the statement of the victim, recorded under Section 183 BNSS, it is clear that the applicant and the victim were in relationship and were living together. Subsequently, on rejection of the applicant to get married to opposite party No.2, the F.I.R. in question was lodged by opposite party No.2. Therefore, no offence under Section 376 I.P.C. (Section 64(2)m BNS) is made out. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts. 5. However, considering the nature of allegation and without expressing any opinion on the merits of the case and considering the nature of accusations as well as gravity of offence, the applicant is entitled to get anticipatory bail till submission of charge sheet as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 Versus Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep Kumar Patel Counsel for Opposite Party(s) : G.A. Heaven Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) SCC Online SC 98. 6. 6. In the event of arrest, the applicant Heaven Sharma, involved in the aforesaid crime, shall be released on anticipatory bail till completion of investigation on furnishing a personal bond and two sureties each in the like amount 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; (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; (iii) The applicant shall not leave India without the previous permission of the Court; (iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 8. With the aforesaid observations/directions, the application stands disposed of. October 17, 2025 Vandana NABAIL No. 8157 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad