Disposed¶8

Ompal v. State of U.P.

Allahabad HC5 May 2025NABAIL/1598/2025

Case brief

AI extract

What is this about?

Anticipatory bail; S. 482 BNSS; Ss. 363, 366 IPC; kidnapping/abduction; Case Crime No. 57 of 2007, P.S. Hazratpur, District Budaun; applicant married the victim, six children; protection granted during investigation in Criminal Misc. Writ Petition No. 7695 of 2007; chargesheet filed; cooperation in investigation; no custodial interrogation required; personal bond Rs. 50,000 with two sureties; conditions of bail; Ompal v. State of U.P.; High Court of Judicature at Allahabad; Vivek Varma, J.; neutral citation 2025:AHC:72592; order date 6.5.2025.

What did the court decide?

Anticipatory bail granted in the event of arrest, on a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to specified conditions; application disposed of. ¶8

Ompal Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted in the event of arrest, on a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to specified conditions; application disposed of.

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Issue for consideration

Whether the applicant Ompal is entitled to anticipatory bail in Case No. 1902 of 2016 / Case Crime No. 57 of 2007 under Sections 363, 366 I.P.C., Police Station Hazratpur, District Budaun, during the pendency of trial.

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Court's answer

Having regard to the submissions of counsel, the nature of accusations, the antecedents of the applicant, the fact that he had married the victim, the earlier protection granted by this Court till submission of the police report, filing of the charge sheet, cooperation in the investigation and absence of any requirement of custodial interrogation, and without commenting on merits, the applicant is entitled to be enlarged on anticipatory bail.

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Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of attendance on every date fixed, abstention from inducement, threat or promise to dissuade disclosure, and restraint on leaving India without permission with deposition of passport if held; on default, the court concerned may pass appropriate orders to enforce and compel the conditions.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.), by order dated 6.5.2025 (neutral citation 2025:AHC:72592) in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 1598 of 2025, Ompal v. State of U.P., disposed of the applicant's prayer for anticipatory bail in Case No. 1902 of 2016 arising out of Case Crime No. 57 of 2007 under Sections 363, 366 I.P.C., Police Station Hazratpur, District Budaun, during the pendency of trial. Taking into account the nature of accusations, the applicant's antecedents, his marriage to the victim (the couple living together with six children), the protection already granted by the Court till submission of the police report during investigation in Criminal Misc. Writ Petition No. 7695 of 2007, completion of investigation, filing of the charge sheet, the applicant's cooperation and the absence of any requirement of custodial interrogation, and without commenting on merits, the Court held the applicant entitled to be enlarged on anticipatory bail in the event of arrest on a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to conditions requiring attendance on each date fixed, forbidding inducement, threat or promise to any person acquainted with the facts, and barring departure from India without previous permission (with deposition of passport, if any); in default of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling them.

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Neutral Citation No. - 2025:AHC:72592

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1598 of 2025

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Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case No.1902 of 2016, Case Crime No. 57 of 2007, under Sections 363, 366 I.P.C., Police Station- Hazratpur, District- Budaun, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. At the time of alleged incident the victim was major. The applicant had married the victim and both are living together happily, having six children. During the pendency of investigation, the applicant was granted protection till submission of police report by this Court in Criminal Misc. Writ Petition No.7695 of 2007. No offence is made out against the applicant. Investigation has been completed. Chargesheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that applicant had married the victim, during the pendency of investigation, the applicant was granted protection till submission of police report by this Court, at this

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stage there is no substantive evidence against the applicant, charge sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Ompal, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 6.5.2025 Manish Kr

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Ompal v. State of U.P.

Case brief

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Ompal v. State of U.P.

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