High Court · 2025

Applicant :- Deshraj Mistri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 650 of 2024, under Section 108 B.N.S.S., Police Station- Maurawan, District- Unnao. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears for the complainant although notices have been served. The Co-ordinate Bench of this Court vide order dated 28.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Sri Srees Kumar Srivastava, learned counsel for the applicant and Sri Om Shukla, learned A.G.A. for the State.

2. At the very outset, learned counsel for the applicant has submitted that due to inadvertence, he could not implead the informant as opposite party in the array of opposite parties. He prays that he may be permitted to implead the informant as opposite party No. 2 with complete details in the array of opposite parties, during course of the day.

3. On the aforesaid request, learned counsel for the applicant is permitted to implead the informant as opposite party No. 2 in the array of opposite parties, during course of the day.

4. Learned counsel for the applicants has submitted that the applicant is apprehending his arrest in Case Crime No. 650 of 2024, under Sections 108 B.N.S.S., Police Station- Maurawan, District- Unnao.

5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the Annexure No. 3, which is the information being given by the father of the deceased to the police as such information has been registered in the General Case Diary dated 19.11.2024 to the effect that his daughter has died in the house of her in-laws under mysterious circumstances, therefore, the report may be lodged and to know the cause of her death, her postmortem may be conducted. In such information, the father of the deceased has not levelled any allegation against anyone, however, after 12 days from the death of the victim, an F.I.R. was dodged by the mother of the deceased levelling specific allegation against the applicant that the the applicant was torturing her daughter mentally and physically, therefore, she committed suicide.

6. Learned counsel for the applicant has further stated that the prosecution is having no material to show that there is no overt or positive act of the applicant to instigate the victim to commit suicide, therefore, the ingredients of Section 108 BNSS are missing, though such allegation may be decided during course of the trial. He has further stated that the applicant is having no prior criminal history of any kind whatsoever. The applicant is having his permanent address, therefore, there is no flight risk. Investigation is going on and the applicant is ready to co- operate in the investigation, therefore, in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1, the liberty of the applicant may be protected till conclusion of the investigation and filing of the police report.

7. Matter requires- consideration.

8. Issue notice to opposite party No. 2, returnable at an early date.

9. Steps be taken within a week. Office to proceed accordingly.

10. Till the next date of listing, the present applicant Deshraj Mistri shall be released forthwith in the aforesaid case crime number on an interim anticipatory bail in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1 on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned/ arresting authority with the following conditions:- (i) that the applicant shall appear before the investigating officer on 01.02.2025 at 11:00 to co-operate in the investigation, he shall further co-operate in the investigation till completion of investigation and filing of the police report, failing which, this interim protection may be withdrawn on the next date of hearing. (ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

11. List this case in the week commencing 03.03.2025 within top 10 cases.

12. In the meantime, the learned A.G.A. for the State may file counter affidavit." Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 28.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 28.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Deshraj Mistri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 650 of 2024, under Section 108 B.N.S.S., Police Station- Maurawan, District- Unnao. Heard learned counsel for the applicant and learned A.G.A. for the State. None appears for the complainant although notices have been served. The Co-ordinate Bench of this Court vide order dated 28.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Sri Srees Kumar Srivastava, learned counsel for the applicant and Sri Om Shukla, learned A.G.A. for the State.

2. At the very outset, learned counsel for the applicant has submitted that due to inadvertence, he could not implead the informant as opposite party in the array of opposite parties. He prays that he may be permitted to implead the informant as opposite party No. 2 with complete details in the array of opposite parties, during course of the day.

3. On the aforesaid request, learned counsel for the applicant is permitted to implead the informant as opposite party No. 2 in the array of opposite parties, during course of the day.

4. Learned counsel for the applicants has submitted that the applicant is apprehending his arrest in Case Crime No. 650 of 2024, under Sections 108 B.N.S.S., Police Station- Maurawan, District- Unnao.

5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. Attention has been drawn towards the Annexure No. 3, which is the information being given by the father of the deceased to the police as such information has been registered in the General Case Diary dated 19.11.2024 to the effect that his daughter has died in the house of her in-laws under mysterious circumstances, therefore, the report may be lodged and to know the cause of her death, her postmortem may be conducted. In such information, the father of the deceased has not levelled any allegation against anyone, however, after 12 days from the death of the victim, an F.I.R. was dodged by the mother of the deceased levelling specific allegation against the applicant that the the applicant was torturing her daughter mentally and physically, therefore, she committed suicide.

6. Learned counsel for the applicant has further stated that the prosecution is having no material to show that there is no overt or positive act of the applicant to instigate the victim to commit suicide, therefore, the ingredients of Section 108 BNSS are missing, though such allegation may be decided during course of the trial. He has further stated that the applicant is having no prior criminal history of any kind whatsoever. The applicant is having his permanent address, therefore, there is no flight risk. Investigation is going on and the applicant is ready to co- operate in the investigation, therefore, in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1, the liberty of the applicant may be protected till conclusion of the investigation and filing of the police report.

7. Matter requires- consideration.

8. Issue notice to opposite party No. 2, returnable at an early date.

9. Steps be taken within a week. Office to proceed accordingly.

10. Till the next date of listing, the present applicant Deshraj Mistri shall be released forthwith in the aforesaid case crime number on an interim anticipatory bail in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1 on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned/ arresting authority with the following conditions:- (i) that the applicant shall appear before the investigating officer on 01.02.2025 at 11:00 to co-operate in the investigation, he shall further co-operate in the investigation till completion of investigation and filing of the police report, failing which, this interim protection may be withdrawn on the next date of hearing. (ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

11. List this case in the week commencing 03.03.2025 within top 10 cases.

12. In the meantime, the learned A.G.A. for the State may file counter affidavit." Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 28.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 28.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench