High Court · 2025

It has been pointed out by the counsel for the applicant that the applicant undertakes that he will not leave the country without giving intimation and taking prior permission from the learned trial court. 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. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 0480 of 2022, under sections 498-A, 323, 504 and 506 IPC read with section 3 and 4 of Dowry Prohibition Act, 1961 lodged at police station Krishna Nagar, District Lucknow. From perusal of the order sheet, it appears that on 1.3.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary, and charge-sheet in this case has already been submitted. 2. This application has been moved by the applicant- Varun Bansal for grant of anticipatory bail in FIR/Case Crime No.0480 of 2022, under sections 498-A, 323, 504 and 506 IPC read with section 3 and 4 of Dowry Prohibition Act, 1961 lodged at police station Krishna Nagar, district Lucknow. 3. Learned counsel for the applicant submits that it is a case of false implication.The FIR which has been lodged by the wife of the applicant contains frivolous and concocted allegations only for the purpose of harassing the applicant, while no such incident, as shown in the FIR, has ever occurred. It is further submitted that the applicant has never demanded any dowry nor had he committed any cruelty with the informant and it is on account of nature of the informant and the cruelty which has been committed by her with the applicant and his other family members the applicant had filed an application under section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage and such proceedings were earlier instituted before the principal judge, family court, district North-West, Delhi, however, under the orders of the Hon'ble Supreme Court, the same was transferred to the principal judge, family court, Lucknow and with consent of the parties the mediation proceedings are also going on and the next sitting in the mediation centre of Lucknow district court is fixed on 06.04.2024. 4. It is vehemently submitted that identically placed co-accused persons, namely, Shakuntala Bansal (mother-in-law) and Preety Goyal (sister-in- law) have been extended the benefit of anticipatory bail vide orders passed in criminal misc. anticipatory bail application nos. 263 of 2024 and 256 of 2024 respectively.It is further submitted that the applicant has cooperated with the investigation and the investigating officer has not arrested him. The charge-sheet has now been filed without making his arrest. The applicant is ready to cooperate in the trial as he has cooperated during the course of investigation. 5. Learned A.G.A., on the other hand, opposes the prayer of the applicant for grant of anticipatory bail. 6. Considering the fact that in the proceedings instituted by the applicant for dissolution of marriage which are pending before the principal judge, family court, Lucknow, mediation with the consent of the parties is going on and it is submitted before this court by learned counsel for the applicant that the next date in the mediation centre of Lucknow Judgeship is fixed on 06.04.2024 and keeping in view all the facts and circumstances of the case, the liberty of the applicant may be protected till the next date of listing. 7. Let notice be issued to respondent no. 2, on taking appropriate steps within two working days, returnable by the next date of listing of this matter. 8. Let the matter be listed on 18.03.2024. 9 Till the next date of listing, in the event of arrest of the applicant- Varun Bansal, involved in the above noted case, under any process of the trial Court, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial Court, subject to the following conditions:- (i). The applicant, if not arrested earlier, shall appear before the trial court and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make herself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during her release on anticipatory bail. (iv). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Varun Bansal 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 order. Since the applicant himself has undertaken that he will not leave the country without taking permission of the learned trial court, thus, it is expected that he shall adhere to the aforesaid undertaking. Order Date :- 6.3.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

It has been pointed out by the counsel for the applicant that the applicant undertakes that he will not leave the country without giving intimation and taking prior permission from the learned trial court. 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. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 0480 of 2022, under sections 498-A, 323, 504 and 506 IPC read with section 3 and 4 of Dowry Prohibition Act, 1961 lodged at police station Krishna Nagar, District Lucknow. From perusal of the order sheet, it appears that on 1.3.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary, and charge-sheet in this case has already been submitted. 2. This application has been moved by the applicant- Varun Bansal for grant of anticipatory bail in FIR/Case Crime No.0480 of 2022, under sections 498-A, 323, 504 and 506 IPC read with section 3 and 4 of Dowry Prohibition Act, 1961 lodged at police station Krishna Nagar, district Lucknow. 3. Learned counsel for the applicant submits that it is a case of false implication.The FIR which has been lodged by the wife of the applicant contains frivolous and concocted allegations only for the purpose of harassing the applicant, while no such incident, as shown in the FIR, has ever occurred. It is further submitted that the applicant has never demanded any dowry nor had he committed any cruelty with the informant and it is on account of nature of the informant and the cruelty which has been committed by her with the applicant and his other family members the applicant had filed an application under section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage and such proceedings were earlier instituted before the principal judge, family court, district North-West, Delhi, however, under the orders of the Hon'ble Supreme Court, the same was transferred to the principal judge, family court, Lucknow and with consent of the parties the mediation proceedings are also going on and the next sitting in the mediation centre of Lucknow district court is fixed on 06.04.2024. 4. It is vehemently submitted that identically placed co-accused persons, namely, Shakuntala Bansal (mother-in-law) and Preety Goyal (sister-in- law) have been extended the benefit of anticipatory bail vide orders passed in criminal misc. anticipatory bail application nos. 263 of 2024 and 256 of 2024 respectively.It is further submitted that the applicant has cooperated with the investigation and the investigating officer has not arrested him. The charge-sheet has now been filed without making his arrest. The applicant is ready to cooperate in the trial as he has cooperated during the course of investigation. 5. Learned A.G.A., on the other hand, opposes the prayer of the applicant for grant of anticipatory bail. 6. Considering the fact that in the proceedings instituted by the applicant for dissolution of marriage which are pending before the principal judge, family court, Lucknow, mediation with the consent of the parties is going on and it is submitted before this court by learned counsel for the applicant that the next date in the mediation centre of Lucknow Judgeship is fixed on 06.04.2024 and keeping in view all the facts and circumstances of the case, the liberty of the applicant may be protected till the next date of listing. 7. Let notice be issued to respondent no. 2, on taking appropriate steps within two working days, returnable by the next date of listing of this matter. 8. Let the matter be listed on 18.03.2024. 9 Till the next date of listing, in the event of arrest of the applicant- Varun Bansal, involved in the above noted case, under any process of the trial Court, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial Court, subject to the following conditions:- (i). The applicant, if not arrested earlier, shall appear before the trial court and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make herself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during her release on anticipatory bail. (iv). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Varun Bansal 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 order. Since the applicant himself has undertaken that he will not leave the country without taking permission of the learned trial court, thus, it is expected that he shall adhere to the aforesaid undertaking. Order Date :- 6.3.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench