PRAMOD SHANKAR AGNIHOTRI v. STATE OF U.P. AND ANOTHER
NABAIL/5417/2025 · 2025-07-15
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72244 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114512 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5417 of 2025 Applicant :- Pramod Shankar Agnihotri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Archana Tripathi,Arunima Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard Ms. Arunima, learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 95 of 2023, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Barra, District Kanpur Nagar. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The daughter of the applicant was married to the son of the opposite party no.2. The son of the opposite party no.2 died on 06.07.2020. The daughter of the applicant had lodged four criminal cases against her mother-in-law (opposite party no.2) and her relatives registered as (i) Case Crime No. 484 of 2021, under Sections 406, 420, 467, 468, 323, 504, 506 IPC, Police Station Barra, District Kanpur Nagar, pending before the Chief Metropolitan Magistrate, Kanpur Nagar, (ii) Case Crime No. 887 of 2020, under Sections 498A, 380 IPC, Police Station Barra, District Kanpur Nagar, pending before the Addl. Chief Metropolitan Magistrate, Kanpur Nagar, (iii) Case Crime No. 733 of 2020, under Sections 323, 504, 506 IPC, Police Station Barra, District Kanpur Nagar, (iv) Complaint Case No. 13734 of 2020 under the provisions of Protection of Women against Domestic Violence Act, pending before the Metropolitan Magistrate-7, Kanpur Nagar. The daughter of the applicant also instituted two civil suits numbered as Civil Suit No. 588 of 2020 (Sushma Dixit Vs. Sarthak Dixit and others) pending before the Addl. Civil Judge (Sr. Div.), Kanpur Nagar and Civil Suit No. 648 of 2020 (Sushma Dixit Vs. Shailendra Kumar Dixit and others), pending before the FTC (Sr.Div.), Kanpur Nagar for claiming her share in her late husband's property. In counter blast to the said proceedings, the instant prosecution has been instituted. Further, in Civil Suit No. 648 of 2020, a compromise has also been entered between the daughter of the applicant and the son of the opposite party no.2. The said compromise has been filed before the Court of FTC (Sr. Div.) Kanpur Nagar.
It is next contended that the applicant has not forged or manipulated any documents. At this stage there is no credible evidence against the applicant. 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 granted anticipatory bail till conclusion of trial, he 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. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that prior dispute exists between the parties; the daughter of the applicant had filed criminal cases against the informant and had instituted civil suits for claiming her share in her late husband's property; the said cases are still pending consideration; at this stage, there is no substantive evidence against the applicant, 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 Pramod Shankar Agnihotri, 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 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 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 :- 16.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad