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2025 DAILYLAW 199666 (ALL)

ASUK @ SUMMA AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

NABAIL/899/2025 · 2025-10-06

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 899 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present anticipatory bail application is filed by the applicants involved in Case Crime No.122 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, Police Station - Mohmoodabad, District - Sitapur. 3. On 23.7.2025, following order was passed :- 1. Heard Sri Narendra Gupta, learned counsel for the applicants and Sri Arun Kumar Verma, learned AGA for the State. 2. Issue notice to opposite party no.2 returnable at an early date. 3. Steps within a week. Office to proceed accordingly. 4. As per learned counsel for the applicants, the present applicants are apprehending their arrest in Case Crime No.122 of 2025, under Sections 85, 80 (2) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station - Mahmoodabad, District - Sitapur. 5. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in the case as they have not committed any offence as alleged. The present applicants are 'Jeth' and 'Devar' of the deceased and they had nothing to do with the family affairs of their brother or sister-in-law. So as to implicate the entire family, they have Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Asuk @ Summa And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) been implicated. No specific allegation has been levelled against the present applicants. Investigation is going on. Learned counsel has further submitted that the applicants undertake that they shall not misuse the liberty of anticipatory bail, if granted by this Court and shall abide by all terms and conditions of the order. Further, they shall cooperate in the investigation. Therefore, liberty of the present applicants may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. 6. Let counter affidavit be filed within a period of six weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter. 7. List and connect along with Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 742 of 2025. 8. Till the next date of listing, it is directed that in the event of arrest, applicants- Asuk @ Summa & Yakub @ Bhure shall be released on interim anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the present applicants shall appear before the Investigating Officer concerned on 28.07.2025 at 11:00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation till filing of the police report failing which this interim protection may be withdrawn. II. that the applicants 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; III. that the applicants shall not leave India without previous permission of the court; IV. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants; V. that the applicants shall not pressurize/ intimidate the prosecution witnesses. 4. Learned counsel for the applicants submits that the applicants have falsely been implicated in the present case. He further submits that the applicants never misused the liberty of interim bail and are ready to cooperate in the trial. NABAIL No. 899 of 2025 2 In such circumstances, applicants are entitled for protection of this Court under the provisions of anticipatory bail and the present bail application may be allowed. 5. Learned A.G.A. opposes the prayer of the applicants, but does not dispute the fact that the applicants were on interim anticipatory bail vide order dated 23.7.2025 and never misused the liberty of interim bail. 6. Considering the arguments of the learned counsel for the applicant, learned A.G.A. and gone through the contents of the F.I.R., bail application as well as earlier order passed by this Court dated 23.7.2025, it is evident that applicants were on interim bail during the course of investigation and never misused the liberty of the same, accordingly, the present application for anticipatory bail is allowed in terms of order dated 23.7.2025. 7. It is also expected from the Investigating Officer that he shall submit the police report to the court concerned expeditiously, if it is not forwarded. October 6, 2025 GauraV/- NABAIL No. 899 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench