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2025 DAILYLAW 90865 (ALL)

SMT. MAMTA ALIAS MANTURI SOM v. STATE OF U.P. AND 3 OTHERS

NABAIL/7268/2025 · 2025-09-07

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7268 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Vakalatnama, filed by Sri Dushyant Singh, Advocate on behalf of the informant, is taken on record. 2. Copy of C.D. No. 8 dated 12.4.2025, produced by Sri Dinesh Tiwari, learned AGA for the State, is taken on record. 3. Heard counsel for the applicant as well as Sri Dinesh Tiwari, learned A.G.A. for the State and Sri Dushyant Singh, counsel for the informant. Perused the material placed on record. 4. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.313 of 2025, under sections 120B I.P.C., and Section 16/17 POCSO Act, P.S. Khurja Nagar, District Bulandshahar. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The co-accused Subham Singh has married the victim. The marriage was registered on 22.2.2023. Thereafter the informant filed an application under Section 12(1) of Hindu Marriage Act. In the said application, the victim asserted that no marriage took place between the informant and co-accused Shubham Singh and no physical relation was made between them. Further, as per the C.D. No. 8 dated 12.4.2025, the indecent photographs and obscene video of the victim was made viral from Instagram I.D. of the co-accused Subham Singh. The co-accused Shubham Singh has been granted bail by this Court vide order dated 26.6.2025 passed Versus Counsel for Applicant(s) : Pankaj Kumar Tiwari Counsel for Opposite Party(s) : G.A. Smt. Mamta Alias Manturi Som .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) in Criminal Misc. Bail Application No. 22078 of 2025. At this stage, there is no credible evidence to establish that the applicant abetted in the commission of offence. The applicant is a lady and has no criminal antecedents. Investigation is pending and the applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 6. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that in the application under Section 12(1) of Hindu Marriage Act, the victim asserted that no marriage took place between the informant and co-accused Shubham Singh and no physical relation was made between them, as per the C.D. No. 8 dated 12.4.2025 the indecent photographs and obscene video of the victim were made viral from Instagram I.D. of the co-accused Subham Singh, the co-accused Shubham Singh has been granted bail by this Court, at this stage, there is no substantive evidence to establish that the applicant abetted in the commission of offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 9. In the event of arrest, the applicant Smt. Mamta alias Manturi Som be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C. 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 applicant shall make herself available for interrogation by a police officer as and when required; NABAIL No. 7268 of 2025 2 (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 or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 10. 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 applicant. 11. 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 applicant. 12. The applicant is 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. 13. The application stands disposed of. September 8, 2025 S.S. NABAIL No. 7268 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad