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Neutral Citation No. - 2025:AHC:63179 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1154 of 2025 Applicant :- Shiv Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Yadav,Rajjan Singh Yadav Counsel for Opposite Party :- Anand Kumar Singh,Avneesh Kumar Singh,G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri Anand Kumar Singh, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 500 of 2024, under Sections 191(2), 115(2), 352, 351(2), 131, 308(7), 324(4), 61(2), 3(5) BNS, Police Station Handia, District Allahabad. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with four named accused are alleged to have assaulted three persons. As per the medical report of three injured, the injuries sustained by them were found simple in nature. It is next contended that the necessary ingredients to constitute the offence of extortion are not made out. There are no allegations in the first information report nor in the statement of the informant under Section 161 Cr.P.C. regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. The co-accused Sushil Pandey and Ajay Pandey have been granted bail by the Sessions Judge, Prayagraj vide order dated 13.09.2024 passed in Bail Application No. 4260 of 2024. 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 going on and the applicant has apprehension of her arrest in the above mentioned case. 4. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact that as per the medical report of three injured, the injuries sustained by them were found simple in nature; there are no allegations in the first information report nor in the statement of the informant under Section 161 Cr.P.C. regarding delivery of any property, valuable security or anything signed or sealed which may
be converted into a valuable security; the co-accused Sushil Pandey and Ajay Pandey have been granted bail by the Sessions Judge, Prayagraj; at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Shiv Devi involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall at the time of execution of bond shall furnish his address and mobile number to the court concerned.
(vi) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 24.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad