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2025 DAILYLAW 20886 (ALL)

MOHAN LAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/1494/2025 · 2025-02-27

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28351 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1494 of 2025 Applicant :- Mohan Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. At the outset, Sri Yogesh Srivastava, learned counsel for the applicants submits that the applicant no.2 has been arrested. The instant application on behalf of the applicant no.2 has been rendered infructuous. 2. Accordingly, the present application on behalf of the applicant no.2 is dismissed as infructuous. 3. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material available on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 170 of 2024, under sections 85, 115(2), 352, 351(2)(3), 80 BNS and Section 3/4 D.P. Act, Police Station Bahadurgarh, District- Hapur. 5. Counsel for the applicant submits that the applicant no.1 is the father-in-law of the deceased. The incident is alleged to have occurred on 23.08.2024. The first information report was lodged on 29.08.2024. The delay is fatal to the prosecution case. The deceased died at her parental house. There are vague and general allegations against the applicant. At this stage there is no credible evidence to establish that soon before her death, the deceased was subjected to cruelty in connection with demand of dowry. The applicant has no criminal antecedents. The husband of the deceased has been granted bail by this Court vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No. 2667 of 2025 (Anshul Vs. State of U.P.). It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of the police report. 8. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the first information report has been lodged belatedly, there are vague and general allegations against the applicant, the deceased died at her parental house, at this stage there is no substantive evidence to establish that soon before her death, the deceased was subjected to cruelty in connection with demand of dowry, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 9. In the event of arrest, the applicant Mohan Lal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 10. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 11. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 12. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 13. The application stands disposed of. Order Date :- 28.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad