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2025 DAILYLAW 106468 (ALL)

SMT NEELAM DEVI v. State of U.P. AND 3 OTHERS

NABAIL/10831/2024 · 2025-01-23

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12540 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10831 of 2024 Applicant :- Smt Neelam Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhir Kumar Sharma,Yogendra Misra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned A.G.A. submits that notice of the instant application has been served upon the informant/opposite party no. 2 on 28.10.2024 and opposite party no. 4/Child Welfare Committee, Prayagraj on 04.11.2024. The receiving endorsements produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard counsel for the applicant, Sri Rupak Chaubey, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 200 of 2024, under Sections 363, 366, 506, 376 I.P.C. and Section 9/10 of POCSO Act, Police Station Utraon, District Prayagraj. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 183 B.N.S.S. has not levelled any allegation against the applicant. She stated that she had gone voluntarily with the co- accused, Rajan Bhartiya. The applicant is a lady and has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A.has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the the victim in her statement under Section 183 B.N.S.S. has not levelled any allegation against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Smt Neelam 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 applicant 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 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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant 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. (vi) The applicant 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 of B.N.S.S. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 24.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad