Allahabad High Court
Shashikant Mishra And 2 Others vs State Of U.P. Thru. Prin. Secy. Home ... on 20 August, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:49110
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 381 of 2022
Applicant :- Shashikant Mishra And 2 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another
Counsel for Applicant :- Anil Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed by the applicants under Section 438 Cr.P.C. apprehending their arrest in Case Crime No.10/2021, under Sections 498A, 323, 504, 506, 406, 420, 306 Indian Penal Code, Police Station Manak Nagar, District Lucknow Central (Commissionerate Lucknow).
Heard learned counsel for the applicants and learned A.G.A. for the State.
The Co-ordinate Bench of this Court vide order dated 11.03.2022 while granting interim protection to the applicants has passed the following order:-
"Learned counsel for applicant does not want to press the application with respect to applicant no. 1, Shashikant Mishra.
The anticipatory bail application with regard to applicant no. 1, Shashikant Mishra is dismissed as not pressed.
Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.10/2021, under Sections 498A, 323, 504, 506, 406, 420, 306 Indian Penal Code, Police Station Manak Nagar, District Lucknow Central (Commissionerate Lucknow), with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the victim Anu Mishra had lodged an FIR on 2.2.2021 alleging that she was married to applicant no. 1 as per Sikh rites on 11.12.2020 and all the accused persons are stated to have made some demands from their in-laws. The said first informant is said to have gone to her maternal home. Later on, she is said to have committed suicide and the offence under Section 306 IPC was added to the same FIR after the death of the victim/first informant on 8.6.2021.
Learned counsel for applicant has stated that said allegations of abetment to suicide pertain to applicant no.1, with respect to whom, he has withdrawn the application. The other co-accused persons have been wrongly nominated by the police.
Learned counsel for the applicants undertakes that they will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants.
Matter requires consideration.
Three weeks' time is granted to learned A.G.A. and learned counsel for the first informant to file counter affidavit.
One week's time, thereafter, is granted to learned counsel for the applicant for filing rejoinder affidavit.
On due consideration to the arguments advance by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants, as an interim measure, are liable to be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant nos. 2 and 3 namely, Jawahar Lal Mishra and Rajkumari Devi shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the accused-applicant nos. 2 and 3 namely, Jawahar Lal Mishra and Rajkumari Devi shall make themselves available for interrogation as and when required;
(ii) the accused-applicant nos. 2 and 3 namely, Jawahar Lal Mishra and Rajkumari Devi 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 them from disclosing such facts to the Court or to any police officer; and
(iii) the accused-applicant nos. 2 and 3 namely, Jawahar Lal Mishra and Rajkumari Devi shall not leave India without the previous permission of the Court.
List this case on 18th April, 2022 in the additional cause list."
Learned counsel for the applicants submits that charge-sheet has been filed. Applicants have not misused the liberty granted by this Court. There is nothing on record to show that applicants have misused the liberty granted by the court.
Learned A.G.A. has vehemently opposed the bail application.
On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet has been filed, applicants have not misused the liberty granted by this Court, applicants have cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 11.03.2022 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is allowed.
Order Date :- 20.8.2025
Saurabh Yadav/-
