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2025 DAILYLAW 162229 (ALL)

VED WATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1174/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1174 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ram Shukla, Advocate holding brief of Sri Shashank Shukla, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.420 of 2024, under Sections 115(2), 352, 351(2), 118(1), 109(1) of B.N.S, registered at Police Station Katra Bazar, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.11.2024 against four persons including the applicant and her three sons, stating that a property dispute is going on between the parties regarding which a case is pending and a stay order is operative. In spite of it, the accused persons came to throw garbage on the land in dispute and when the complainant resisted, all the accused persons assaulted the complainant and his brother, causing numerous injuries to them. 4. In the affidavit filed in support of anticipatory bail application it has been stated that the applicant is a woman having no criminal history and she has been falsely implicated in the present case. 5. The learned counsel for the applicant has submitted that two co- accused persons Siddh Kumar @ Pahalwan and Ajay Kumar, have been granted by means of an order dated 15.02.2025 passed by the Sessions Judge, Gonda. 6. The learned A.G.A. has opposed the anticipatory bail application and on the basis of written instructions provided to him, he has submitted that the allegations have been established during investigation and a charge Versus Counsel for Applicant(s) : Shashank Shukla, Prachi Shukla Counsel for Opposite Party(s) : G.A. Ved Wati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) sheet has already been submitted on 05.02.2025. He further produced the relevant extract of case diary for perusal of the Court, which reveals that the injured persons have not levelled any specific allegations against the applicant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R levels general allegations against the applicant and her three sons and no specific allegation have been levelled against the applicant; the investigation already stands concluded way back on 05.02.2025; the applicant was not arrested during investigation and that the applicant is a woman having no criminal history and that two of her sons- co-accused have been granted bail by the Session Court, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ved Wati before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of the 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 themselves 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. September 11, 2025 Preeti. NABAIL No. 1174 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench