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2025 DAILYLAW 28420 (ALL)

SANDEEP SINGH RAJPOOT v. STATE OF U.P. AND ANOTHER

NABAIL/2160/2025 · 2025-03-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39281 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2160 of 2025 Applicant :- Sandeep Singh Rajpoot Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nand Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned A.G.A. for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 08 of 2023, under Sections 498A, 323, 315, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mahoba. 3. Learned counsel for the applicant submits that the applicant is the husband of the informant and has been falsely implicated in the instant case. The applicant has not demanded any dowry. The informant suffered miscarriage. The informant herself had gone for treatment at Radhey Hospital, Jhansi. As per the consent form given by the informant, blood clots were coming from her uterus and as such she wanted to get her uterus cleaned. As per the medical report no external injury was found on the body of the informant. At this stage there is no credible evidence against the applicant. During the course of investigation, the applicant has been granted protection by this Court vide order dated 27.04.2024 passed in Criminal Misc. Writ Petition No. 15987 of 2023. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact, that as per the consent form given by the informant, blood clots were coming from her uterus and as such she wanted to get her uterus cleaned, as per the medical report no external injury was found on the body of the informant, at this stage there is no substantive evidence against the applicant, during the course of investigation, the applicant has been granted protection by this Court, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Sandeep Singh Rajpoot involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad