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2025 DAILYLAW 134459 (ALL)

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

NABAIL/338/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21959 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 338 of 2025 Applicant :- Smt. Pushpa Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Km. Neelam Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri R. S. Dwivedi, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.528 of 2024 under Sections 80(2), 85 B.N.S. & Section 3/4 D.P. Act registered at Police Station- Sarojini Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against the applicant, her son Nikhil Tiwari and two unknown persons, stating that the informant had got his sister married to the applicant's son Nikhil Tiwari on 30.01.2020; all the accused persons used to harass her for demanding dowry and since 20.12.2024, the informant's sister and brother-in-law were residing separately in a rented house at Lucknow. On 26.12.2024, all the accused persons killed the informant's sister. The footage of a CCTV camera installed outside the house shows that two unknown persons were also involved in commission of the offence. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a woman aged 61 years having no criminal history and he has been falsely implicated in the present case. 5. Learned A.G.A. has vehemently opposed the anticipatory bail application and on the basis of written instructions, he has submitted that the incident is recorded in a CCTV camera which shows the deceased's husband providing assistance to her in commission of suicide. However, the instructions are silent about the applicant's presence at the time of the incident. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the FIR itself states that deceased and her husband had moved to a rented accommodation and were living separate from the applicant; that the incident recorded in the CCTV camera wherein the applicant is not seen and that the applicant is a woman aged 61 years having no criminal history, I am of the view that the applicant is entitled to be granted anticipatory bail 7. Accordingly, this anticipatory bail application stands allowed. 8. In the event of arrest/appearance of applicant- Smt. Pushpa Devi before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . [Subhash Vidyarthi, J.] Order Date :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench