Aleem Mansoori and Another vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Aleem Mansoori and Another vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail till the next date of listing (9.7.2025): in the event of arrest, the applicants Aleem Mansoori and Asraf Mansoori to be released on anticipatory bail during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the stated conditions; notice issued to opposite party no.2 returnable at an early date.

Issue for consideration

Whether the applicants (Aleem Mansoori and another, i.e., Asraf Mansoori) are entitled to anticipatory bail under S. 482 BNSS in S.T. No. 147 of 2024 (Complaint No. 46 of 2024, under sections 354, 392, 323, 504, 506 IPC, P.S. Kotwali Orai, District Jalaun).

Court's answer

Interim direction: till the next date of listing (fixed as 9.7.2025), in the event of arrest, the applicants Aleem Mansoori and Asraf Mansoori are to be released on anticipatory bail during pendency of trial.

Ratio / Principle

The release on anticipatory bail is conditioned on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the court concerned.

Key takeaways

Anticipatory bail granted subject to conditions: the applicant shall remain available on each and every date fixed; shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court; and shall not leave India without previous permission of the Court, depositing any passport before the concerned court.ratio¶16
On default of any of the bail conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail - S. 482 BNSS - High Court of Judicature at Allahabad (Vivek Varma, J.) - Application by Aleem Mansoori and another (Asraf Mansoori) in S.T. No. 147 of 2024 (Complaint No. 46 of 2024) under sections 354, 392, 323, 504, 506 I.P.C., P.S. Kotwali Orai, District Jalaun. Counsel for applicants submitted false implication; applicant no.1 is son-in-law of the complainant; an earlier complaint by the complainant (Complaint Case No. 1 of 2023, Smt. Reshama vs. Shareef and others) before the CJM, Jalaun at Orai is pending; applicants have no criminal history and have been summoned by the court concerned. Court held 'matter requires consideration', issued notice to opposite party no.2, accepted notice for opposite party no.1, listed the case on 9.7.2025, and directed interim protection: till the next date of listing, in the event of arrest, the applicants to be released on anticipatory bail during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of attendance, non-tampering with witnesses, and non-departure from India without permission (passport, if any, to be deposited), with liberty to the court concerned to enforce conditions on default. Order dated 7.5.2025.

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3383 of 2025

Applicant :- Aleem Mansoori And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in S.T. No. 147 of 2024, Complaint No. 46 of 2024, under sections 354, 392, 323, 504, 506 I.P.C., P.S. Kotwali Orai, District Jalaun.

Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant no.1 is son-inlaw of the complainant and the applicant no.2 is close relative of applicant no.1. Earlier the complainant filed a complaint in the court of Chief Judicial Magistrate, Jalaun at Orai against the applicant no.1 registered as Complaint Case No. 1 of 2023 (Smt. Reshama vs. Shareef and others). The said complaint is still pending in the concerned court. In order to further harass the applicants the present prosecution has been instituted. No such incident had occurred. The applicants have no criminal history. The applicants have been summoned by the court concerned. The applicants have apprehension of their arrest in the above mentioned case.

Matter requires consideration.

Learned AGA has accepted notice on behalf of opposite party no.1.

Issue notice to the opposite party no.2 returnable at an early date.

Place this case on 9.7.2025 in the additional cause list.

Till the next date of listing, in the event of arrest, the applicants Aleem Mansoori and Asraf Mansoori 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:-

(i) The applicant shall make herself available on each and every date fixed in the matter by the court concerned;

(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;

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

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

Order Date :- 7.5.2025 S.S.

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad