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2025 DAILYLAW 145694 (ALL)

SHAILJA TIWARI @ SHAILJA PANDEY ALIAS SWATI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO

NABAIL/643/2025 · 2025-06-11

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35398 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 643 of 2025 Applicant :- Shailja Tiwari @ Shailja Pandey Alias Swati Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Arun Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No. 131 of 2025, under Sections 333, 115(2), 110, 352, 351(3), 109, 117(2) BNS, Police Station Kotwali Nagar, District Gonda. 3. Learned counsel for the applicant submits that due to dispute in between the children, alleged incident was taken place and members of both the side received injuries as it is a case of sudden provocation. He also submits that applicant filed anticipatory bail application before the court below for the offences under Section 333, 115(2), 110, 352, 351(3) BNS, thereafter, Section 109 and 117(2) of BNS were also added, then another anticipatory bail was filed before the court below. It is further submitted that both the anticipatory bail applications were clubbed and interim bail was granted by the learned court below at the initial stage but thereafter, on 22.5.2025, anticipatory bail application was finally rejected. It is also submitted that applicant is ready to cooperate in the investigation and there is no evidence that she misused the liberty of interim anticipatory bail granted by the court below. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail. 5. Learned A.G.A. opposes the prayer of the applicant but he does not dispute this fact that interim anticipatory bail was granted by the court below. 6. I have considered the argument of the learned counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and gone through the contents of the F.I.R., bail application and other relevant records. 7. Thus, having regard to all the facts and circumstances of the case, the present anticipatory bail application stands finally disposed of with the direction that till the submission of the police report, if any, under Section 173(2) Cr.P.C. before the competent court, in the event of arrest of the applicant- Shailja Tiwari @ Shailja Pandey Alias Swati, involved in aforesaid F.I.R., she shall be released on anticipatory bail on her furnishing 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:- (1) The applicant shall make herself available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation. (2) 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; (3) The applicant shall not leave the country without the previous permission of the Court. (4) The applicant shall deposit her passport with the trial court and if she has not been issued any passport, an affidavit in this regard shall be filed by her before the trial court. 8. Any violation of above conditions will be treated misuse of bail and court below will be at liberty to pass appropriate order in the matter. Order Date :- 11.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench