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2025 DAILYLAW 90931 (ALL)

SERAZ RAINI v. STATE OF U.P. AND ANOTHER

NABAIL/7137/2025 · 2025-09-09

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7137 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 526 of 2025, under Sections 69, 352, 351(3), 131, 191(2) of B.N.S., Police Station Kotwali, District Ghazipur, with the prayer that in the event of arrest, applicant may be released on anticipatory bail, 3. The applicant is named in the F.I.R. The allegation against him is that on the false promise of marriage the applicant developed sexual relations with the victim and when he was asked to solemnize marriage with her he along with other accused quarrelled and abused while threatening for her life. 4. Learned counsel for the applicant submits that false and frivolous allegation has been made against the applicant. Earlier the victim had also submitted two applications before the police in which allegation of marpeet has been alleged. The entire story has been set up to exert pressure upon the applicant to marry with the victim. Learned counsel further submits that no such offence has been committed by the applicant and/ or the other accused. The victim has made false allegation of her sexual assault and if any sexual relations were made between them that were consensual relations. It has been argued by the learned counsel for the applicant that charge sheet has not been filed in the matter. The applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in Versus Counsel for Applicant(s) : Sunil Dubey Counsel for Opposite Party(s) : G.A. Seraz Raini .....Applicant(s) State of U.P. and Another .....Opposite Party(s) case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and has submitted that specific allegation has been made against the applicant that on the pretext of marriage he developed sexual relations with the victim and when he was asked to solemnize marriage with her the applicant along with other accused quarrelled and abused while threatening for her life. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected. September 10, 2025 Mustaqeem. NABAIL No. 7137 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad