DR. MADRI KAKOTI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
NABAIL/613/2025 · 2025-10-06
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199092 (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. - 613 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J.
1. Heard Sri Syed Mohammad Haider Rizvi, learned counsel for the applicant and Sri Rao Narendra Singh, learned A.G.A. for the State. 2. None appears on behalf of the complainant of the present case. 3. This anticipatory bail application has been filed by the applicant with a prayer to grant him anticipatory bail in Case Crime No. 77 of 2025 under Sections 197(1), 353(2), 196(1)(a), 352, 302, 152 of B.N.S. and Section 69-A of I.T. Act, Police Station- Hasanganj, District- Lucknow. 4. On 09.06.2025, following order was passed:-
"1. Vakalatnama filed by Sri Shiv Kumar Vishwakarma, Advocate & Sri Ashish Raj Tiwari, Advocate on behalf of the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. 3. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No. 0077 of 2025, under Sections 197(1), 353(2), 196(1)(a) 352, 302, 152 of B.N.S. and Section 69-A of I.T. Act, P.S. Hasanganj, District Lucknow. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that applicant is Assistant Professor in the Department of Linguistics, Lucknow University and a message was Versus Counsel for Applicant(s) : Syed Mohammad Haider Rizv, Shakti Kumar Verma, Yashab Husain Rizvi Counsel for Opposite Party(s) : G.A., Shiv Kumar Vishwakarma Dr. Madri Kakoti .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
twitted on her twitter handle on 23.4.2025, thereafter, some people raised objection, then clarification was also given by her on 29.4.2025 on her twitter handle but only with the intention to get cheap popularity, the complainant of the present case lodged F.I.R. It is next submitted that after considering the contents of the message, no offence is made out, which is mentioned in the F.I.R. It is next submitted that investigation is going on and the applicant is in touch with the Investigating Officer and ready to cooperate in the Investigation. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail. 5.
Learned A.G.A. as well as learned counsel for the complainant oppose the prayer of the applicant and submit that applicant posted an objectionable message on her twitter handle which can disturbed the peace and harmony in the society, therefore, she is not entitled for anticipatory bail. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the application and other relevant documents, as custodial interrogation is not necessary in the present case, therefore, I am of the view that as an interim measure, in case, the applicant- Dr. Madri Kakoti is taken into custody by the Investigating Officer/Investigating Agency then she shall be released forthwith on interim bail after taking personal bond of Rs.50,000/-, subject to the following conditions:- (i) The applicant shall make herself 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 the District concerned without the previous permission of the court. 7. List this case on 25.8.2025. 8. In the meantime, learned A.G.A. may file counter affidavit giving status of the investigation against the applicant."
5. Sri Rao Narendra Singh, learned A.G.A. has placed written instructions along with the charge-sheet duly signed by the Investigating Officer of the crime in question, Police Station- Hasanganj, District- Lucknow, which are taken on record. 6. Sri Rao Narendra Singh submits that the investigation of the crime in question has already been concluded and the charge-sheet has been NABAIL No. 613 of 2025 2
submitted against the applicant under Sections 352, 302 of B.N.S. and as no offense was found related to Sections 197(1), 353(2), 196(1)(a), 152 B.N.S. and Section 69-A of I.T. Act, the aforesaid sections have been dropped. He also submits that the charge-sheet has already been forwarded to the Assistant Commissioner of Police and the same will also be forwarded to the Court concerned. 7. In view of above, the present anticipatory bail application is disposed of in terms of the order dated 09.06.2025. 8.
It is expected from the Assistant Commissioner of Police, Mahanagar, Lucknow that the police report shall be forwarded to the Court concerned within a period of ten days from today, if it is not forwarded. October 6, 2025 Arpan NABAIL No. 613 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench