State of U.P. and Another vs Party(s)

3. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

4. The applicant was granted interim anticipatory bail vide order dated

15.7.2025 passed by this Court. The order is quoted herein below;- "1. Heard counsel for the applicant, Sri V.P Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.0154 of 2024, under section 108, 115(2), 352 of B.N.S., P.S. Hazrat Nagar Gadi, District Sambhal. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the case of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025, Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025 and Jayedeepsinh and Pravinsinh Chavda and Ors. vs. State of Gujarat (Criminal Appeal No. Nil of 2024) decided on 10.12.2024. During the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 22.01.2025 passed in Criminal Misc. Anticipatory Bail Application No. 9404 of 2024 (Rais urf Rahis Ahmad vs. State of U.P. and 2 others). 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. The applicant has no criminal antecedents. The applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, the course of investigation, 2 NABAIL No. 5335 of 2025 he will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to the opposite party no. 2 returnable at an early date. 6. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter. 7. Place this case on 01.09.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Rais Alias Rahis Ahmad in the aforesaid case crime shall be released on interim anticipatory bail 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 and every 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."

5. Counsel for the applicant contends that pursuant to interim order dated

15.7.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions as recorded in the interim order dated

15.7.2025, considering the nature of accusations, antecedents of the applicant, and the fact that pursuant to the order dated 15.7.2025 the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

8. In the event of arrest, the applicant Rais alias Rahis Ahmad, involved in Case Crime No.0154 of 2024, under section 108, 115(2), 352 of B.N.S., P.S. Hazrat Nagar Gadi, District Sambhal, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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:- 3 NABAIL No. 5335 of 2025 (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.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. September 19, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR High Court of Judicature at Allahabad

3. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

4. The applicant was granted interim anticipatory bail vide order dated

15.7.2025 passed by this Court. The order is quoted herein below;- "1. Heard counsel for the applicant, Sri V.P Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.0154 of 2024, under section 108, 115(2), 352 of B.N.S., P.S. Hazrat Nagar Gadi, District Sambhal. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S., are not made out against the applicant. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the case of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025, Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025 and Jayedeepsinh and Pravinsinh Chavda and Ors. vs. State of Gujarat (Criminal Appeal No. Nil of 2024) decided on 10.12.2024. During the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 22.01.2025 passed in Criminal Misc. Anticipatory Bail Application No. 9404 of 2024 (Rais urf Rahis Ahmad vs. State of U.P. and 2 others). 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. The applicant has no criminal antecedents. The applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, the course of investigation, 2 NABAIL No. 5335 of 2025 he will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to the opposite party no. 2 returnable at an early date. 6. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter. 7. Place this case on 01.09.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Rais Alias Rahis Ahmad in the aforesaid case crime shall be released on interim anticipatory bail 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 and every 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."

5. Counsel for the applicant contends that pursuant to interim order dated

15.7.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions as recorded in the interim order dated

15.7.2025, considering the nature of accusations, antecedents of the applicant, and the fact that pursuant to the order dated 15.7.2025 the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

8. In the event of arrest, the applicant Rais alias Rahis Ahmad, involved in Case Crime No.0154 of 2024, under section 108, 115(2), 352 of B.N.S., P.S. Hazrat Nagar Gadi, District Sambhal, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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:- 3 NABAIL No. 5335 of 2025 (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.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. September 19, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR High Court of Judicature at Allahabad