Reetu Singh vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 547 of 2025

Reetu Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Bhupendra Nath Tripathi, Amit Sharma Counsel for Opposite Party(s) : G.A., Sanjay Kumar Singh

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 438CrPC/482 BNSS has been filed seeking anticipatory bail of the applicant - Reetu Singh in Case Crime No.0014 of 2025, under Sections 316(5), 318(4), 351(3) B.N.S., Police Station P.G.I., District Lucknow East (Commissioner Lucknow).

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The Co-ordinate Bench of this Court vide order dated 28.5.2025 has passed the following order granting interim anticipatory bail to the applicant:-

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"1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party and perused the record. Learned counsel for applicant is granted liberty to implead informant as opposite party no.2 and to correct the nomenclature during the course of day.

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2. First Anticipatory Bail Application has been filed with regard to Crime No.1233 of 2023, under Sections 34, 366 IPC, Police Station Kotwali Sadar, District Lakhimpur Kheri.

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3. From a perusal of first information report, allegation has been levelled that the 18 years' old daughter of informant is missing since 09.00 AM on 21.12.2023. Allegation of her abduction has been levelled against one Shobhit Srivastava.

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4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him particularly since he is not named in

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NABAIL No. 547 of 2025

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the first information report but since the same indicates involvement of family members of Shobhit Srivastava, which includes the applicant, there is apprehension of arrest by applicant.

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5. It is submitted that in fact the daughter of informant is major as indicated in the first information report itself and has married nephew of applicant, Shobhit Srivastava and for the said purpose and after earlier first information report had been filed, the said daughter, Simar Dixit and Shobhit Srivastava had filed Criminal Miscellaneous Writ Petition No.24 of 2024 in which interim protection was granted by means of order dated 05.01.2024 noticing the fact that both the petitioners are major and have married of their own volition.

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6. It is submitted that subsequently first information report bearing case crime no.0162 of 2024, under Sections 458, 380, 354, 504 and 506 IPC, registered at Police Station Kotwali Sadar, District Kheri was lodged by the mother of Simar Dixit in which she as well as the applicant have been named in which it has clearly been indicated that daughter, Simar Dixit has eloped with said Shobhit Srivastava.

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7. It is therefore submitted that the impugned FIR has been lodged only as a measure of retribution.

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8. Learned Additional Government Advocate however has alluded to the statement of said Simar Dixit under Section 161 Cr.P.C to indicate that story set up by the applicant is false.

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9. Considering submissions advanced by learned counsel for parties, it appears that this Court in Criminal Misc. Anticipatory Bail Application No.24 of 2024 has recorded a statement that Simar Dixit and Shobhit Srivastava being major have married to each other of their own volition.

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10. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, thus, in view of law settled by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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11. List this case on 10.04.2025, as fresh alongwith service report.

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12. Objections may be filed in the meantime.

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13. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Vishw Mohan shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:-

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NABAIL No. 547 of 2025

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14. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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15. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."

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Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. He has duly cooperated in the investigation. Learned counsel for the applicant has also made statement that in the present case, charge-sheet has been filed and co accused has also been granted bail. He has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also the statement made by learned counsel for the applicant that charge-sheet in the case has been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim anticipatory bail granted by the coordinate bench of this Court vide order dated 28.5.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC online SC 98.

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It is made clear that in case of breach of any of the conditions mentioned in the aforesaid order dated 28.5.2025, the court below shall have the liberty to cancel the bail.

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In view of the aforesaid, the anticipatory bail application is allowed .

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NABAIL No. 547 of 2025

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(Rajeev Bharti,J.)

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February 26, 2026 Shukla

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

Reetu Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

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Reetu Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Another

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