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2023 Supreme(All) 400

MANJU RANI CHAUHAN
Vinod Bihari Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajiv Lochan Shukla, Kumar Vikrant.

11. The words ‘allurement’ and ‘undue influence’ to which the entire issue encircles, as defined in Section 2 of the Act, 2021, reads thus:

    (a) “Allurement” means and includes offer of any temptation in the form of:

(i) any gift, gratification, easy money or material benefit either in cash or kind.

(ii) employment, free education in reputed school run by any religious body.

(iii) better lifestyle, divine displeasure or otherwise.

*** *** *** *** ***

(j) “Undue influence” means the un-conscientious use by one person of his/her power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.

12. A Constitution Bench of the Apex Court in the case of Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 565 dealt with the considerations for grant of anticipatory bail in detail. Relying upon the Constitution Bench judgment in Gurbaksh Singh Sibbia (supra), the Supreme Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others, (2011) 1 SCC 694 laid down parameters and factors to be considered while dealing with application for anticipatory bail:

    “112.........

(i) The nature and

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