AASTHA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO
ABAIL/813/2025 · 2025-07-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153279 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153279 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43025 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 813 of 2025 Applicant :- Aastha Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As prayed by learned counsel for the applicant, he is permitted to correct the prayer clause during course of the day. The present anticipatory bail application has been filed by the applicants their arrest in Case Crime No. 209 of 2021, U/s 147, 452, 323, 504, 506, 427, 447, 448, 419, 420, 406, 466, 467, 468, 471 of I.P.C., Police Station Bazar Shukul, District Amethi. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that father of the applicant has filed a civil suit against the complainant’s father, Surya Baksh Shukla, which is currently pending before the Civil Judge (Junior Division), Sultanpur. In the said suit, an interim injunction was granted on 03.11.2020. It is further submitted that the present matter arises from a purely civil dispute, which has been given a criminal colour to falsely implicate the applicant, who has no prior criminal record. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application. Having considered the submissions made, the materials on
record, including the memo of the civil suit and the interim
order, and also taking into account that the applicant is a lady with no criminal antecedents and the charge sheet has already been filed, this Court is of the opinion that the applicant is entitled to anticipatory bail in view of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to her cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the
facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 25.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench