KHUSHBOO (IN FIR KHUSHBOO W/O MOHD. TAUFEEQ) v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. GOVT. LKO.
ABAIL/1235/2025 · 2025-11-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176003 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176003 (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 438 CR.P.C. No. - 1235 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.105 of 2023 under sections 419, 420, 467, 468, 471, 452, 427, 323, 504, 506, 147 I.P.C., P.S. Kotwali Dehat, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant is a lady having no criminal antecedent except the two first information reports which have been registered regarding the same incident. Civil suit has already been filed by husband of the complainant in the competent court, which is pending. During investigation, the applicant was not arrested; rather she was protected by interim order dated 5.12.2023 passed by a Division Bench of this court in Crl. Misc. W.P. No.9218 of 2023, filed along with the supplementary affidavit. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the applicant is a lady, Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Khushboo (In Fir Khushboo W/O Mohd. Taufeeq) .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. .....Opposite Party(s)
offences are triable by Magistrate, for the same incident, two first information reports have been lodged, namely first information report No.0105 of 2023 under sections 419, 420, 467, 468, 471, 452, 427, 323, 504, 506 I.P.C.. Later on, another first information report No.210 of 2023 under sections 419, 420, 467, 468, 471, 147, 323, 504, 506, 452, 427 I.P.C. have been filed, civil suit is pending in the competent court, charge sheet has been filed, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.
7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and she will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 12, 2025 kkb/ ABAIL No. 1235 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench