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2025 DAILYLAW 119113 (ALL)

SHIV DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/105/2025 · 2025-01-23

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4450 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 105 of 2025 Applicant :- Shiv Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dilip Kumar Pandey,Akhilesh Bahadur Singh,Manoj Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No.100 of 2024, under Sections 147, 148, 149, 307, 325, 323, 504, 506 I.P.C., Police Station Dileeppur, District Pratapgarh. Contention of the learned counsel for the applicant is that the applicant is a woman and she is innocent. He further added that general role of assault has been assigned to all the accused persons and there is no grievous injury except apart to the first injured, namely, Rajesh Kumar Pandey. He submits that there is acute apprehension of being arrested by the police, as such, she may be granted anticipatory bail which she will not misuse. Learned A.G.A. for the State has opposed the prayer and he has drawn attention of the Court towards the injury of one Rajesh Kumar Pandey which is grievous in nature as well as the injury no.1 of Neha Pandey, which as per supplementary injury report is also grievous, as such, the applicant is not entitled for any relief. Considering the aforesaid submissions and after perusal of the record, it transpires that the applicant is named in the F.I.R. and there are as many as six injured persons and the applicant has been assigned role of attacking with weapon and one of the injured, namely, Neha Pandey has received grievous injury, as per the supplementary injury report. Learned counsel for the applicant has also failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused and the gravity of offence, this Court do not find any good ground to intervene in this matter. Consequently, the instant anticipatory bail application is hereby dismissed. Consigned to records. Order Date :- 23.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench