AMITA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/7921/2025 · 2025-09-24
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101119 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101119 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7921 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants as well as Sri S.S.Pandey, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 137 of 2025, under Sections 121(2), 109, 115(2), 351(3), 352 B.N.S., Police Station Bairiya, District Ballia. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. As per the first information report, specific role of causing injury on the head of Sub-Inspector Panna Lal has been assigned to co-accused Preetam Chaudhary. The case of the applicants is clearly distinguishable from that of co-accused Preetam Chaudhary. As per the medical report as well as supplementary medical report, the injury received by injured Panna Lal was simple in nature. It is next contended that the nature of injuries shows that there was no intent to murder. The co- accused Vijay Shankar Chaudhary @ Chaee has been granted bail by this Court vide order dated 21.07.2025 passed in Criminal Misc. Bail Application No. 19739 of 2025. At this stage, there is no credible evidence to link the applicants with the offence. The applicants are ladies and have no criminal antecedents. The investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. Versus Counsel for Applicant(s) : Buddha Prakash Counsel for Opposite Party(s) : G.A. Amita Devi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the first information report, specific role of causing injury on the head of Sub-Inspector Panna Lal has been assigned to co-accused Preetam Chaudhary; vague and general role has been assigned to the applicants; as per the medical report as well as supplementary medical report, the injury received by injured Panna Lal was simple in nature; at this stage, there is no substantive evidence to link the applicants with the offence; without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail. 6. In the event of arrest, the applicants Amita Devi and Pooja Devi 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 applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicants 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 or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court.
NABAIL No. 7921 of 2025 2
(vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 25, 2025 Lbm/- NABAIL No. 7921 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad