Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13292 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11346 of 2024 Applicant :- Shashi Kumari Alias Savitri Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, learned A.G.A. for the State as well as Sri Rahul Kumar Sharma, learned counsel for the informant and perused the material placed on record. 2. The instant application under Section 482 of B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 470 of 2024, under Sections 108 of B.N.S., Police Station Sadabad, District Hathras
3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report and the alleged suicide note, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submissions, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No.221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and others (Criminal Appeal No.706 of 2017 decided on 21.01.2025. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant is a lady and has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that as per the allegations in the first information report and the alleged suicide note, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of the trial. 6.
6. In the event of arrest, the applicant Shashi Kumari Alias Savitri, 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 her from disclosing such facts to the court or to any police officer; (iii) the applicant shall not leave the country during the pendency 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 she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) in case, the applicant misuse the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC Online SC 98. 7. The application stands disposed of. Order Date :- 24.1.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad