MANIJULNISHA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
/958/2025 · 2025-08-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155033 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45129 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 958 of 2025 Applicant :- Manijulnisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Salman, the learned counsel appearing on behalf of the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.179 of 2025 under Sections 191(2), 191(3), 190, 115(2), 61(2), 109(1), 351(3) of B.N.S. registered at Police Station- Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against eight named persons, including the applicant and some unknown persons, stating that while the informant's brother and cousin were having tea at a shop in the market at about 06:00 PM on 16.06.2025, six named co-accused persons came there in two cars, fired shots with illegal pistol and assaulted the informant's cousin with iron rods. Two passers-by suffered gun-shot injuries in the incident. The FIR states that Sakhira Begum, Manijulnisha (the applicant) and Mehfooz were involved in planning of the incident. 4. In the statement of the informant, the FIR version has been reiterated. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 62 years old lady having no criminal history and she has been falsely been implicated in the present case. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR and the
statement of the informant allege involvement of the applicant in planning for the incident but there is no allegation of any other overt act committed by the applicant; the applicant is a 62 years old woman having no criminal history, I am of the view that the aforesaid facts are sufficient to make out a case for grant of anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 4.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench