Neutral Citation No. - 2025:AHC:62377 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 933 of 2025 Applicant :- Poonam Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.,Shardool Agrahari Hon'ble Vivek Varma,J. 1. Copy of the statement of the injured produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicant, learned A.G.A. for the State, Sri Shardool Agrahari, counsel for the opposite party no. 2/informant and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 799 of 2024, under Sections 115(2), 352, 351(2), 109, 117(2) of B.N.S., Police Station- Kotwali, District- Deoria. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The role of assault on the head of the injured has been assigned to the co-accused, Vijendra Chauhan. The first information report was lodged under Sections 115(2), 352, 351(2) of B.N.S. During the course of investigation, Sections 109, 117(2) of B.N.S. were added by the Investigating Officer. The case of the applicant is clearly distinguishable from that of the co- accused, Vijendra Chauhan. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is a lady and has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the role of assault on the head of the injured has been assigned to the co-accused, Vijendra Chauhan, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Poonam Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a 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:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the Police Commissioner concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 24.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad