SMT. MANJU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1887/2025 · 2025-12-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179627 (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. - 1887 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant; learned AGA for the State; Shri Abhishek Kumar Dixit, learned counsel for the informant and perused the records. 2. Present application has been filed seeking anticipatory bail apprehending arrest in FIR No.416 of 2025, under Sections 64(2)(m), 127(4), 70(1) BNS, Police Station Khairighat, District Bahraich. 3. In terms of the FIR allegations were levelled that around two months ago the complainant was called by husband of the applicant and she was made to sit in a four wheeler, was taken in the hostel of one Pradeep Singh, who is a police constable, and thereafter, she was locked in a room and then on the false pretext of getting a job, physical relations were formed and when she returned back, she informed her father. 4. In the light of the said allegation, learned counsel for the applicant argues that in between the same parties, another FIR was also lodged being FIR No.0152 of 2025 in which a final report was lodged and as a sequel to the Versus . Counsel for Applicant(s) : Shailendra Kumar . Counsel for Opposite Party(s) : G.A. Smt. Manju Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
same, present FIR has been lodged. It is further argued that the main accused has been enlarged on regular bail and although there are no allegations against the applicant who is wife of the main accused, she has also been falsely implicated and she apprehends her arrest. 5. Learned counsel for the informant strongly opposes the anticipatory bail application by arguing that name of the applicant had surfaced in the statement under Section 183 BNSS where allegations were levelled that the applicant was giving some food because of which the victim remained in the state of intoxication perpetually. It was also alleged that the applicant gave certain medicine which resulted in abortion. He further states that the present FIR is not a sequel to the earlier FIR and alleges a different offence which was not a part of the offence in the earlier FIR No.0152 of 2025. 6.
Learned counsel for the informant further relies upon a judgment of this Court in the case of Suneeta Pandey v. State of U.P. & Anr.; 2023 SCC OnLine All 44, wherein it was held that a woman can also be a part of gang rape. 7. Considering the submissions made at the Bar, prima-facie, no allegation of rape has been levelled against the applicant; the victim stayed at the hostel for a substantial long time and the main accused has been enlarged on bail; as regards the reliance on Suneeta Pandey's case (supra), the same is clearly misplaced as no allegation of assisting in the commission of rape has been levelled. In view thereof, a case for anticipatory bail is made out. The present application for anticipatory bail is accordingly allowed. 8. In the event of arrest, let the applicant Smt. Manju Singh be released on anticipatory bail till filing of the charge sheet in aforesaid FIR number on his furnishing a personal bond of Rs.30,000/- to the satisfaction of Station House Officer concerned with the following conditions: (a) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with the investigation; (b) The applicant shall not leave India without previous permission of the Court; (c) The applicant shall not directly or indirectly make any inducement, threat NABAIL No. 1887 of 2025 2
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. December 4, 2025 nishant NABAIL No. 1887 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench