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2025 DAILYLAW 111530 (ALL)

SUMITRA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/11970/2024 · 2025-02-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:16806 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11970 of 2024 Applicant :- Sumitra Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. 2. This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 0144 of 2024, under Sections 191(2), 191(3), 105 B.N.S., Police Station Dhata, District Fatehpur. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, five accused including the applicants are alleged to have assaulted the father of the informant. The informant in his first statement stated that he was not the eye- witness of the alleged incident. Subsequently, in his second statement, the informant stated that Bhaiya Lal, Moolchand Mishra and Rajendra Prasad Vishwakarma were the eye-witnesses. In their statements, the alleged eye-witnesses Bhaiya Lal, Moolchand Mishra and Rajendra Prasad Vishwakarma stated that the deceased was assaulted by the co-accused Shiv Bodhan and Meera. Vague and general allegations have been levelled against the applicants. The applicants are ladies and have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the alleged eye-witnesses had stated that the deceased was assaulted by the co-accused Shiv Bodhan and Meera, vague and general allegations have been levelled against the applicants and without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. 7. In the event of arrest, the applicants- Sumitra Devi and Annu Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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 India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the Police Commissioner concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 5.2.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad