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2025 DAILYLAW 79819 (ALL)

MUKESH v. STATE OF U.P.

NABAIL/6136/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136859 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6136 of 2025 Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case No.3915 of 2010, arising out of Case Crime No. 492 of 2010, under Sections 363, 366 I.P.C., Police Station Dhampur, District- Bijnor, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had married the victim. After investigation, charge-sheet was submitted against the applicant and he was summoned by the court concerned. The applicant and the victim filed an Application u/s 482 Cr.P.C. No.4775 of 2011 (Mukesh and another vs. State of U.P. and another). On 30.3.2011 the prosecutrix appeared before this Court and stated that she had married the applicant and is living with him as his wife. Thereafter, the Court passed an interim order in favour of the applicant. The said 482 application was dismissed for want of prosecution on 25.11.2019. The applicant had no knowledge about the dismissal of aforesaid application. Pursuant thereto, the applicant has again been summoned by the court concerned. It is next contended that the applicant had cooperated in the investigation. 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, 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, antecedents of the applicant, and the fact that the victim had appeared before this Court in Application u/s 482 Cr.P.C. No.4775 of 2011 and stated that she had married the applicant and is living with him as his wife; the fact that investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, 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 Mukesh, 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 :- 12.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad