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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7112 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicants as well as Sri Nagendra Kumar Mishra, learned brief holder for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.157 of 2025, under sections 137(2), 87, 351(3) of B.N.S.S., P.S. Ahraula, District Azamgarh. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. During the pendency of the investigation, the co-accused Nikesh Kumar (son of the applicants) and the victim filed a writ petition before this Court being Criminal Misc. Writ Petition No. 21444 of 2025 (Karina and another vs. State U.P. and others) and the Court vide interim order dated 22.9.2025 has stayed their arrest. It is contended that the co-accused Nikesh Kumar and the victim both are living together. The victim has left her house voluntarily. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. Investigation is still pending and the applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned brief holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Anurag Yadav Counsel for Opposite Party(s) : G.A. Pravesh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned 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, considering the nature of accusations, antecedents of the applicants and the fact that the co-accused Nikesh Kumar (son of the applicants) and the victim filed a writ petition before this Court being Criminal Misc.
Writ Petition No. 21444 of 2025 (Karina and another vs. State U.P. and others) and the Court vide interim order dated 22.9.2025 has stayed their arrest, in the said writ petition the victim has asserted that she is living with the co-accused Nikesh Kumar and has left her house voluntarily, further at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants Pravesh and Anara 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 S.S.P./S.P. 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 NABAIL No. 7112 of 2025 2
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. September 25, 2025 S.S.
NABAIL No. 7112 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad