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2025 DAILYLAW 33531 (ALL)

SUNIL KUMAR AND ANOTHER v. STATE OF U.P.

NABAIL/2532/2025 · 2025-04-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47306 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2532 of 2025 Applicant :- Sunil Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Verma,Mahesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 547 of 2024 under Sections 85, 89, 115(2), 352 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Syana District- Bulandshahr. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant no. 1 is the father-in-law and the applicant no. 2 is the mother-in-law of the victim. As per the statement of the victim under Section 161 Cr.P.C., the role of assault on the abdomen of the victim has been assigned to the co-accused, Nishant. Vague and general allegations have been levelled against the applicants. At this stage, there is no credible evidence against the applicants. The applicants have no criminal antecedents. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the applicant no. 1 is the father-in-law and the applicant no. 2 is the mother-in-law of the victim. As per the statement of the victim under Section 161 Cr.P.C., the role of assault on the abdomen of the victim has been assigned to the co-accused, Nishant. Vague and general allegations have been levelled against the applicants. At this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Sunil Kumar and Sunita Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the Police Commissioner concerned. 8. 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 applicants. 9. 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 applicants. 10. The applicants are 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. 11. The application stands disposed of. Order Date :- 4.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad