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2025 DAILYLAW 34139 (ALL)

SALIK RAM YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/2484/2025 · 2025-04-01

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45147 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2484 of 2025 Applicant :- Salik Ram Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar,Mahesh Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Mahesh Prasad Yadav, learned counsel for the applicants, Sri Damodar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 08 of 2025, under Sections 80(2), 85 of BNS and Section 3/4 of DP Act, Police Station- Jhunsi, District- Prayagraj, till conclusion of trial. 3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicant Nos.1 and 2 are father-in-law and mother-in-law of the deceased. Deceased has committed suicide. Applicants have no concern with the alleged incident. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 4. Sri Singh, learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that deceased was married one year before of the incident and applicants are her father-in-law and mother-in-law and being a guardian, it was their responsibility to take care of their daughter-in-law, as such, prima facie offence is made out against them. Hence, the anticipatory bail application of the applicant may be rejected. 5. The object of Anticipatory bail is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of applicants, Salik Ram Yadav and Sulochana Devi, are hereby rejected. Order Date :- 2.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad