RADHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1227/2025 · 2025-09-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163990 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163990 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1227 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Dheerendra Kr. Agnihotri , learned counsel for the applicant, Sri Mohd. Asif Khan, learned A.G.A.-I appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 428 of 2025, under Sections 109(1), 115(2), 351(2), 352 B.N.S, registered at Police Station Kheri, District Lakhimpur Kheri. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.06.2025 at 11:38 hours against four persons, including the applicant, her husband Rameshwar and her two sons, stating that the informant's father and brother were putting soil near a neem tree, when all the accused persons tried to restrain them, the accused persons assaulted them with spade and sticks. 5. The informant, her father and brother have received injuries in the incident. All the injuries have been reported to be simple in nature. 6. In the affidavit filed in support of the anticipatory bail application, it Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Radha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
has been stated that the applicant is a 52 years old innocent woman having no criminal history and she has been falsely implicated in the present case. 7. It has further been stated that in F.I.R No.429 of 2025, which was lodged on 25.06.2025 itself at 12:03 hours by the applicant's son- co- accused Vinkulp stating that persons from the present informant's side had assaulted the applicant and her family members. The applicant, her husband and son have also received injuries in the incident and copies of their injury report have been annexed with the supplementary affidavit filed in support of the anticipatory bail application. 8. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation in the present case is still going on. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact three persons from each sides, including the applicant herself have received injuries in the incident; all the injuries caused in the incident are simple in nature and that the applicant is a woman having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Radha before the learned Trial Court in the aforesaid case crime, she shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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;
NABAIL No. 1227 of 2025 2
(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 17, 2025 Preeti NABAIL No. 1227 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench