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2025 DAILYLAW 15533 (ALL)

SMT. POOJA v. STATE OF U.P.

NABAIL/1038/2025 · 2025-03-19

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41037 Court No. - 88 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1038 of 2025 Applicant :- Smt. Pooja Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.,Piyush Kumar Shukla Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 161 of 2023, under sections 306, 387, 389 IPC, Police Station- Prem Nagar, District- Jhansi. It is submitted by learned counsel for the applicant that she is woman and is innocent and has been falsely implicated in this case for instigating to commit suicide to her jeth and F.I.R. was lodged by the wife of the deceased (jethani). Further submitted that there is nothing on record to show that the deceased was instigated to commit suicide but at the time of alleged incident, she was not present on the place of occurrence but was living on her parental house. It is also submitted that incident is said to have taken place on 20.12.2022 but present F.I.R. was lodged on the basis of an application u/s 156(3) Cr.P.C. which was filed on 24.3.2023 after delay of three months with concocted story. The suicide note is said to have been found by the informant, written by the deceased but there is nothing in F.S.L. report showing that it was written by the deceased himself. Applicant was granted anticipatory bail by this Court and never misused the liberty of bail. Lastly, it is submitted that other co-accused persons have been granted anticipatory bail till the pendency of trial, therefore, requested for anticipatory bail. Learned A.G.A. has opposed the prayer for anticipatory bail. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case till conclusion of trial. In the event of arrest of the applicant- Smt. Pooja, shall be released on anticipatory bail till pendency of trial on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the learned court everyday when case is fixed except exempted; (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 office; (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 S.S.P./S.P. concerned. In default of any of the conditions, this order will automatically stand vacated. Order Date :- 20.3.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad