PUSHPA DEVI v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME AND ANOTHER
ABAIL/779/2025 · 2025-07-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151281 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151281 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40153 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 779 of 2025 Applicant :- Pushpa Devi Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Kartikay Singh,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0588 of 2023 under sections 323, 506, 504, 427, 308 I.P.C., P.S. Kotwali City, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.It is alleged in the prosecution case that the named accused persons along with two others who were having enmity with the complainant, on 27.8.2023 at about 5.30p.m. with a common intention while hurling abuses and threat to the complainant came at gate of the complainant and have beaten with kicks, fists as well as weapons. They have also beaten the complainant inside the house. Due to that, she became unconscious and was saved by the neighbouring people. 4.Learned counsel for the applicant submits that injuries received by the injured are simple. Charge sheet has been filed. Custodial interrogation is not required. The applicant is a lady having no criminal antecedent.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
5. Learned Addl. Government Advocate has opposed the prayer
made by applicant's counsel, however, he could not dispute that charge sheet has already been filed and custodial interrogation is not required. 6.Considering the above aspects of the matter, perusal of the record, the applicant is a lady having no criminal antecedent, general role has been assigned to all the accused persons,
judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.
7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and she will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.
8. In case of default, it would be open for the trial court to proceed in accordance with law.
8. The application is allowed accordingly.
Order Date :- 15.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench