High Court · 2025

Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused/applicant on anticipatory bail in Case Crime No.433 of 2021 under Sections 376, 506 I.P.C. P.S. Nighasan, District Lakhimpur Kheri. From perusal of the order sheet, it appears that on 13.2.2025, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Adarsh Shukla, learned counsel has put in appearance on behalf of the complainant by way of filing vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.433 of 2021, under Sections 376, 506 IPC, Police Station Nighasan, District Lakhimpur Kheri. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He submits that in fact, due to animosity, the F.I.R. is lodged and serious allegation has been levelled against the applicant though there is no truthfulness in the same. He added that the victim herself has given an application before the Superintendent of Police while averring the fact that at the instance of village persons, she has lodged the F.I.R. and there is no truthfulness in the same. He also submits that the victim is also residing in the house of the applicant and now there is no dispute between the parties. He added that the charge sheet has been filed and the applicant has co-operated in the investigation proceedings and no custodial interrogation is required in the present matter. He further submits that the applicant is undertaking that he will co-operate with the investigation proceedings and he will remain present before the trial court as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. Learned counsel for the complainant has also supported the version of the learned counsel for the applicant and submitted that due to sudden provocation, the applicant has lodged the F.I.R. though no such incident has ever taken place and the applicant, complainant and the victim have also given a letter that the same is correct fact. Learned A.G.A. for the State has opposed the aforesaid prayer and submitted that the nature of offence is heinous and the applicant is involved in committing the offence, as such, charge sheet has been filed and therefore, the applicant is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Moheyaddin shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in second week of March 2025. In the meantime, learned counsel for the opposite parties shall file their counter affidavits." From the perusal of the counter affidavit filed by the State, there seems to be no adversarial fact and the detailed discussions on merit is done in the order dated 13.2.2025. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant, namely, Moheyaddin till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Order Date :- 14.5.2025 Ram Murti RAM MURTI YADAV RAM MURTI YADAV High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused/applicant on anticipatory bail in Case Crime No.433 of 2021 under Sections 376, 506 I.P.C. P.S. Nighasan, District Lakhimpur Kheri. From perusal of the order sheet, it appears that on 13.2.2025, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Adarsh Shukla, learned counsel has put in appearance on behalf of the complainant by way of filing vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.433 of 2021, under Sections 376, 506 IPC, Police Station Nighasan, District Lakhimpur Kheri. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. He submits that in fact, due to animosity, the F.I.R. is lodged and serious allegation has been levelled against the applicant though there is no truthfulness in the same. He added that the victim herself has given an application before the Superintendent of Police while averring the fact that at the instance of village persons, she has lodged the F.I.R. and there is no truthfulness in the same. He also submits that the victim is also residing in the house of the applicant and now there is no dispute between the parties. He added that the charge sheet has been filed and the applicant has co-operated in the investigation proceedings and no custodial interrogation is required in the present matter. He further submits that the applicant is undertaking that he will co-operate with the investigation proceedings and he will remain present before the trial court as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. Learned counsel for the complainant has also supported the version of the learned counsel for the applicant and submitted that due to sudden provocation, the applicant has lodged the F.I.R. though no such incident has ever taken place and the applicant, complainant and the victim have also given a letter that the same is correct fact. Learned A.G.A. for the State has opposed the aforesaid prayer and submitted that the nature of offence is heinous and the applicant is involved in committing the offence, as such, charge sheet has been filed and therefore, the applicant is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Moheyaddin shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in second week of March 2025. In the meantime, learned counsel for the opposite parties shall file their counter affidavits." From the perusal of the counter affidavit filed by the State, there seems to be no adversarial fact and the detailed discussions on merit is done in the order dated 13.2.2025. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant, namely, Moheyaddin till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Order Date :- 14.5.2025 Ram Murti RAM MURTI YADAV RAM MURTI YADAV High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench