Aniket Yadav Alias Anuj v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2356 of 2023 Applicant :- Aniket Yadav Alias Anuj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Sectt. Lko And Another Counsel for Applicant :- Bhola Singh Patel,Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Bhola Singh Patel, the learned counsel for the applicant as well as Sri Rakesh Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State and Sri S.P. Tiwari, learned counsel for the informant and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0330 of 2023, under Section 306 I.P.C., registered at Police Station Aashiyana, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.08.2023 stating that informant's sister was found hanging in the morning of 05.08.2023. On 06.08.2023, some documents were found from his bag from which it transpires that on

21.06.2021, the deceased had married the applicant without knowledge of the family members. It is mentioned in the FIR that the deceased was talking on phone at about 9 pm on 04.08.2023 and was stating that the applicant had spoiled her life.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that allegations leveled in the FIR prima facie do not make out a case of abetment of suicide by the applicant in close proximity of the incident and the applicant is a 23 years old person having no criminal history, and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Aniket Yadav Alias Anuj before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness; . (Subhash Vidyarthi, J.) Order Date :- 19.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench