Nabi Husain vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 12

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 731 of 2025

Applicant :- Nabi Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Durgesh Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 344 of 2024, under Section 108 of BNS, Police Station Majhgai, District Lakhimpur Kheri.

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As per the version of the prosecution story, it is alleged that the son of the complainant committed suicide on 20th of October, 2024 at around 9:00 a.m. and he wrote a note that he was working in Flipcart Company and the applicant, who was working with him and was senior, alongwith two other co-accused persons, namely, Yashpal Kashyap and Abhinav Tiwari, threatened him and further they were harassing him for re-payment of Rs. 6 lacs, which is said to be embezzled by me (son of the complainant) and under the aforesaid abatement, he has committed suicide.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated. He submits that demanding the money is not amount to abatement to commit suicide. He also submits that ingredients of Section 108 of BNS do not attract in the present matter. There is no proximity in any kind of action with the act of committing suicide. Further submission is that the applicant is cooperating with the investigation proceedings and, even then, the police is adamant to arrest him. Thus, submission is that the applicant may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief.

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Having considered the submissions of learned counsels

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for the parties and after perusal of the record, it transpires that allegation in the FIR against the applicant and other two accused persons is that they threatened and harassed the complainant's son for re-payment of Rs.6 lacs, which is said to be embezzled by the deceased and under the aforesaid abatement, complainant's son committed suicide but there is no proximity in any kind of action with the act of committing suicide; the ingredients of Section 108 of BNS do not attract in the present matter; the applicant is cooperating with the investigation proceeding, this Court finds it a fit case for grant of interim anticipatory bail.

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Accordingly, till the next date of listing, the applicant- Nabi Husain , shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(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;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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If the steps are taken, the office shall proceed accordingly.

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List/put up this matter in the third week of August,2025.

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In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits.

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The applicant is directed to appear before the Investigating Officer on 09.07.2025 at 02.00 p.m. and subsequently thereafter, failing which, the Investigating Officer shall inform this court while filing the Counter Affidavit.

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Order Date :- 27.6.2025 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nabi Husain v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Nabi Husain v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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