LADY CONSTABLE, ANU RANI v. STATE OF U.P. AND ANOTHER
NABAIL/1222/2025 · 2025-02-17
Vivek Varma
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17743 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17743 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22988 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1222 of 2025 Applicant :- Lady Constable, Anu Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 598 of 2024, under Sections 108, 238(C), 127(2) and 3(5) B.N.S., Police Station Shamli, District Shamli. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Mahendra Awase v. The State of Madhya Pradesh, Criminal Appeal No. 221 of 2025, dated 17.01.2025, and Laxmi Das v. The State of West Bengal and others, Criminal Appeal No. 706 of 2017, dated
21.01.2025. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not
made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8.
8. In the event of arrest, the applicant- Anu Rani be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 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. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
12. The application stands disposed of.
Order Date :- 18.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad