High Court · 2025

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 315 of 2024, under Sections 147, 354(D), 323, 506 IPC and Sections 7/8, 9/10 POCSO Act, Police Station- Kotwali Dehat, District- Bahraich. From perusal of the order sheet, it appears that on 16.12.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- " Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present anticipatory bail application has been filed by the applicants in relation to FIR/Case Crime No. 0315 of 2024, under Sections 147, 354(D), 323, 506 IPC and Sections 7/8, 9/10 POCSO Act, Police Station- Kotwali Dehat, District- Considering the following facts:- Bahraich. (i) As per the FIR in issue i.e. FIR No. 0315/2024 dated 23.06.2024 lodged by the opposite party No. 2 making allegations therein so as to attract the offences as indicated under Sections 147, 354(Gha), 323, 506 IPC and Section 3/4 POCSO Act, the co-accused- Kalpana is the step mother of the victims/opposite party Nos. 2 to 4. (ii) The opposite party No. 2 made a written report based upon which the FIR in issue was lodged against Kalpana, step mother of the victims/opposite party Nos. 2 to 4, and her four brothers, who are the applicants in the instant case and one sister (wife of applicant No. 1) of the step mother of the victims. (iii) As per the FIR, the applicants tried to outrage the modesty of the victims/opposite party Nos. 2 to 4 in presence of each other and also in presence of the step mother and her sister, who are co-accused. (iv) The mother of the victims/opposite party Nos. 2 to 4 died on 01.01.2020 and thereafter, the marriage between the father of victims and Kalpana, step mother of the victims, was solemnized and out of this wedlock, one female child, aged about 2 years, and one male child, aged about 4 months, were born and on account of some matrimonial discord, the step mother of the victims/opposite party Nos. 2 to 4 left the matrimonial home and thereafter instituted the proceedings under Section 125 Cr.P.C., which is apparent from the application dated 23.03.2024 annexed as Annexure No. 6 to this application. Upon due consideration of the aforesaid facts, this Court is prima facie of the view that to settle the matrimonial dispute at the behest of the father of the opposite party Nos. 2 to 4, the FIR in issue has been lodged. Accordingly, this Court finds that the applicants are entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicants- Anuj Kumar Mishra @ Anuj Kumar, Sikandra Mishra, Himendra Mishra and Dharmendra Mishra shall be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- each and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-applicants shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicants 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 (iii) That the accused-applicants shall not leave India without the previous permission of the Court. Issue notice to the opposite party Nos. 2 to 4. Steps in this regard be taken within four working days. List/put up this application on 23.01.2025. Learned AGA is directed to file an affidavit in response to this application annexing therewith the proof of service of notice upon opposite party Nos. 2 to 4 through concerned police officer before this Court when the case is listed next. " 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 applicants were enlarged on anticipatory bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicants are not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicants namely, Anuj Kumar Mishra @ Anuj Kumar, Sikandra Mishra, Himendra Kumar and Dharmendra Mishra @ Dharmendra, till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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. Order Date :- 23.1.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 315 of 2024, under Sections 147, 354(D), 323, 506 IPC and Sections 7/8, 9/10 POCSO Act, Police Station- Kotwali Dehat, District- Bahraich. From perusal of the order sheet, it appears that on 16.12.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- " Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present anticipatory bail application has been filed by the applicants in relation to FIR/Case Crime No. 0315 of 2024, under Sections 147, 354(D), 323, 506 IPC and Sections 7/8, 9/10 POCSO Act, Police Station- Kotwali Dehat, District- Considering the following facts:- Bahraich. (i) As per the FIR in issue i.e. FIR No. 0315/2024 dated 23.06.2024 lodged by the opposite party No. 2 making allegations therein so as to attract the offences as indicated under Sections 147, 354(Gha), 323, 506 IPC and Section 3/4 POCSO Act, the co-accused- Kalpana is the step mother of the victims/opposite party Nos. 2 to 4. (ii) The opposite party No. 2 made a written report based upon which the FIR in issue was lodged against Kalpana, step mother of the victims/opposite party Nos. 2 to 4, and her four brothers, who are the applicants in the instant case and one sister (wife of applicant No. 1) of the step mother of the victims. (iii) As per the FIR, the applicants tried to outrage the modesty of the victims/opposite party Nos. 2 to 4 in presence of each other and also in presence of the step mother and her sister, who are co-accused. (iv) The mother of the victims/opposite party Nos. 2 to 4 died on 01.01.2020 and thereafter, the marriage between the father of victims and Kalpana, step mother of the victims, was solemnized and out of this wedlock, one female child, aged about 2 years, and one male child, aged about 4 months, were born and on account of some matrimonial discord, the step mother of the victims/opposite party Nos. 2 to 4 left the matrimonial home and thereafter instituted the proceedings under Section 125 Cr.P.C., which is apparent from the application dated 23.03.2024 annexed as Annexure No. 6 to this application. Upon due consideration of the aforesaid facts, this Court is prima facie of the view that to settle the matrimonial dispute at the behest of the father of the opposite party Nos. 2 to 4, the FIR in issue has been lodged. Accordingly, this Court finds that the applicants are entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicants- Anuj Kumar Mishra @ Anuj Kumar, Sikandra Mishra, Himendra Mishra and Dharmendra Mishra shall be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- each and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-applicants shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicants 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 (iii) That the accused-applicants shall not leave India without the previous permission of the Court. Issue notice to the opposite party Nos. 2 to 4. Steps in this regard be taken within four working days. List/put up this application on 23.01.2025. Learned AGA is directed to file an affidavit in response to this application annexing therewith the proof of service of notice upon opposite party Nos. 2 to 4 through concerned police officer before this Court when the case is listed next. " 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 applicants were enlarged on anticipatory bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicants are not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicants namely, Anuj Kumar Mishra @ Anuj Kumar, Sikandra Mishra, Himendra Kumar and Dharmendra Mishra @ Dharmendra, till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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. Order Date :- 23.1.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench