High Court · 2025

"Heard learned counsel for the applicant and learned A.G.A. for the State. Supplementary affidavit filed today on behalf of applicant is taken on record. Vakalatnama filed by Sri Dhiendra Pratap Singh and Ms. Shivani Maurya, Advocate on behalf of the complainant/opposite party No.2 is taken on record. The applicant is seeking anticipatory bail under Section 438 of Code of Criminal Procedure (Now Section 482 BNSS) in connection with F.I.R. dated 04.09.2024, lodged at F.I.R./Case Crime No.462 of 2024, under sections 328, 376(2)(n), 504, 323, 506 of I.P.C., Police Station Sushant Golf City, District- Lucknow South. Learned counsel for the applicant has submitted that applicant is innocent. He has falsely been implicated. The informant is a major lady. She is doing job as lady security person in a hospital. The applicant is also doing job in the same hospital where the complainant is employed. The complainant is already married with one Puneet Mishra and thereafter she fell in love with applicant. She came into the contact of applicant and with her consent she established physical relation with the applicant. The applicant has solemnized his marriage with informant in a temple on 30.8.2024. This fact has been mentioned in para - 15 of the affidavit. After solemnization of marriage, the fact came into knowledge of the applicant that the informant was earlier married and she solemnized marriage with applicant without getting divorce from her earlier husband- Puneet Mishra. Learned counsel further submitted that in her statement under Section 164 Cr.P.C. (Now Section 183 B.N.S.S.) she has stated that applicant established physical relation with her, whereas, at that time the sister-in-law (bhabhi) of informant was present in the house. It has falsely been mentioned in the FIR that applicant had captured photos and video of intercourse. Learned counsel again submitted that ingredients of offence are not made out and physical relation as has been established between the parties is consented. Learned counsel for the applicant has earlier approached this Court for quashing of the impugned FIR, but subsequently, he withdrawn the petition on the ground that he will seek alternative remedy before the appropriate court. It is next submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, interim protection may be granted to the applicant. Applicant is ready to co- operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. On behalf of complainant Ms. Shivani Maurya, Advocate is present. She opposed the prayer of bail vehemently, however, she has submitted that she may be granted an opportunity to file a detailed counter affidavit showing the relevant facts. Learned A.G.A. also submitted that he may be granted time to file counter affidavit. Matter requires consideration. Considering the submission of learned counsel for the applicant, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Shiva Katiyar), involved in F.I.R./Case Crime No.462 of 2024, under sections 328, 376(2)(n), 504, 323, 506 of I.P.C., Police Station Sushant Golf City, District- Lucknow South, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. The (ii). investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. applicant available himself (iii). 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; and (iv). The applicant shall not leave India without the previous permission of the Court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the Cr.P.C. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case on 07.11.2024. In the meantime, learned counsel for the respondents/opposite parties may file their counter affidavit. Let a copy of this order be communicated to the Commissioner of Police, Lucknow."

3. Learned counsel for the applicant has submitted that in compliance of the aforesaid order, the present applicant is cooperating in the trial proceeding and has not misused the liberty of anticipatory bail order therefore, this order may be made absolute till conclusion of the trial.

4. Learned counsels for the opposite parties have however objected on the aforesaid request but have not disputed that the interim protection has been given to the present applicant and he is cooperating in the trial proceeding.

5. Having considered the aforesaid submission of learned counsel for the parties, the aforesaid order of interim anticipatory bail is made absolute till conclusion of the trial in terms of the conditions so indicated in the aforesaid order dated 16.10.2024.

6. It is made clear that if the present applicant flouts any aforesaid conditions or does not cooperate in the trial proceeding properly, any application may be filed by the opposite parties for seeking cancellation of the aforesaid order, and that application may be heard on the priority basis.

7. Accordingly, the present application is disposed of finally in view of the aforesaid fact. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

"Heard learned counsel for the applicant and learned A.G.A. for the State. Supplementary affidavit filed today on behalf of applicant is taken on record. Vakalatnama filed by Sri Dhiendra Pratap Singh and Ms. Shivani Maurya, Advocate on behalf of the complainant/opposite party No.2 is taken on record. The applicant is seeking anticipatory bail under Section 438 of Code of Criminal Procedure (Now Section 482 BNSS) in connection with F.I.R. dated 04.09.2024, lodged at F.I.R./Case Crime No.462 of 2024, under sections 328, 376(2)(n), 504, 323, 506 of I.P.C., Police Station Sushant Golf City, District- Lucknow South. Learned counsel for the applicant has submitted that applicant is innocent. He has falsely been implicated. The informant is a major lady. She is doing job as lady security person in a hospital. The applicant is also doing job in the same hospital where the complainant is employed. The complainant is already married with one Puneet Mishra and thereafter she fell in love with applicant. She came into the contact of applicant and with her consent she established physical relation with the applicant. The applicant has solemnized his marriage with informant in a temple on 30.8.2024. This fact has been mentioned in para - 15 of the affidavit. After solemnization of marriage, the fact came into knowledge of the applicant that the informant was earlier married and she solemnized marriage with applicant without getting divorce from her earlier husband- Puneet Mishra. Learned counsel further submitted that in her statement under Section 164 Cr.P.C. (Now Section 183 B.N.S.S.) she has stated that applicant established physical relation with her, whereas, at that time the sister-in-law (bhabhi) of informant was present in the house. It has falsely been mentioned in the FIR that applicant had captured photos and video of intercourse. Learned counsel again submitted that ingredients of offence are not made out and physical relation as has been established between the parties is consented. Learned counsel for the applicant has earlier approached this Court for quashing of the impugned FIR, but subsequently, he withdrawn the petition on the ground that he will seek alternative remedy before the appropriate court. It is next submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, interim protection may be granted to the applicant. Applicant is ready to co- operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. On behalf of complainant Ms. Shivani Maurya, Advocate is present. She opposed the prayer of bail vehemently, however, she has submitted that she may be granted an opportunity to file a detailed counter affidavit showing the relevant facts. Learned A.G.A. also submitted that he may be granted time to file counter affidavit. Matter requires consideration. Considering the submission of learned counsel for the applicant, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Shiva Katiyar), involved in F.I.R./Case Crime No.462 of 2024, under sections 328, 376(2)(n), 504, 323, 506 of I.P.C., Police Station Sushant Golf City, District- Lucknow South, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. The (ii). investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. applicant available himself (iii). 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; and (iv). The applicant shall not leave India without the previous permission of the Court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the Cr.P.C. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case on 07.11.2024. In the meantime, learned counsel for the respondents/opposite parties may file their counter affidavit. Let a copy of this order be communicated to the Commissioner of Police, Lucknow."

3. Learned counsel for the applicant has submitted that in compliance of the aforesaid order, the present applicant is cooperating in the trial proceeding and has not misused the liberty of anticipatory bail order therefore, this order may be made absolute till conclusion of the trial.

4. Learned counsels for the opposite parties have however objected on the aforesaid request but have not disputed that the interim protection has been given to the present applicant and he is cooperating in the trial proceeding.

5. Having considered the aforesaid submission of learned counsel for the parties, the aforesaid order of interim anticipatory bail is made absolute till conclusion of the trial in terms of the conditions so indicated in the aforesaid order dated 16.10.2024.

6. It is made clear that if the present applicant flouts any aforesaid conditions or does not cooperate in the trial proceeding properly, any application may be filed by the opposite parties for seeking cancellation of the aforesaid order, and that application may be heard on the priority basis.

7. Accordingly, the present application is disposed of finally in view of the aforesaid fact. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench