BAHARUL ALIAS NISHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/7414/2025 · 2025-09-09
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10825 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10825 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7414 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 577 of 2023, under Sections 420, 308 I.P.C. and Section 34 of Indian Medical Commission Act, Police Station- Tanda, District- Rampur, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants have no concern with the alleged incident. The applicants are students and are pursuing B.A. course. Further, the applicants were neither named by the patient nor by her husband. It is next contended that identically placed co-accused Rahimeen has been granted anticipatory bail by this Court vide order dated 21.10.2024 passed in Criminal Misc. Anticipatory Bail Application No.9834 of 2024 (Rahimeen vs. State of U.P.). The applicant claims parity. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants are ladies and have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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. Versus Counsel for Applicant(s) : Pradeep Kumar Counsel for Opposite Party(s) : G.A. Baharul Alias Nisha And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants, and the fact that the applicants were neither named by the patient nor by her husband; identically placed co- accused Rahimeen has been granted anticipatory bail by this Court; investigation has been completed; charge sheet has been filed; the applicants had cooperated in the investigation; the applicants have been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail. 6.
6. In the event of arrest, the applicants Baharul @ Nisha and Chandni Bi, 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 make themselves available on each date fixed in the matter by the court concerned; (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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court. 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 10, 2025 Manish Kr NABAIL No. 7414 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad