SEEMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/886/2025 · 2025-07-21
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152563 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152563 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41523 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 886 of 2025 Applicant :- Seema Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Singh,Dileep Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicant apprehending her arrest in Case Crime No. 636 of 2024, under Sections 191(2), 333, 115(2), 110, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Nagar, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. According to the prosecution case, on 29.08.2024 at about 4:00 p.m., while the complainant was grazing goats and his daughter was alone at home, a goat belonging to the accused persons allegedly entered the complainant's field. When the complainant’s daughter went to the house of the applicants to raise an objection, it is alleged that the accused persons started abusing her and assaulted her with lathi and danda. She somehow managed to escape and return home. Thereafter, the accused persons allegedly broke into the complainant’s house and assaulted other female members of the family who tried to intervene.
Learned counsel for the applicant submits that although four persons are shown injured, however, except Neha all others have sustained simple injuries. Nothing has been found in the X-ray report of Neha. It is also submitted that the applicant, an unmarried girl, has no criminal history and has been falsely implicated along with her entire family. No specific and direct role has been attributed to the applicant. The applicant undertakes to cooperate in the investigation and abide by any conditions imposed by the Court.
Learned A.G.A. has opposed the bail prayer and submits that charge- sheet in the matter has been filed. Having considered the rival submissions, the nature of injuries, absence of any previous criminal history, the applicant being a woman, her undertaking to cooperate in the investigation, and keeping in view the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98, I am of the opinion that it would be expedient in the interest of justice to extend the protection of anticipatory bail to the applicant. Accordingly, the application is allowed. The applicant Seema is directed to surrender before the trial court within ten days from today. In the event of such surrender, the trial court shall enlarge the applicant on anticipatory bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial court concerned, subject to the following conditions: (i) 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the prior permission of the court; (iii) The applicant shall not pressurize or intimidate any prosecution witness; (iv) The applicant shall appear before the trial court on each date fixed, unless her personal appearance is legally exempted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail;
Any other reasonable conditions/restrictions, as the trial court may deem fit and proper, may also be imposed.
Order Date :- 21.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench