POOJA DEVI ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. LKO. AND ANOTHER
NABAIL/1674/2025 · 2025-11-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183965 (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. - 1674 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicants; learned AGA for the State and Sri Vivek Mishra holding brief of Sri Anurag Srivastava, who appears for the informant. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/Case Crime No.21 of 2025 under section 108 BNS, P.S. Maigalganj, District Lakhimpur Kheri. 3. In terms of the FIR, it was alleged that the daughter in law of the informant was admitted in a hospital and had delivered a child when the son of the informant came to meet her, the daughter in law and the family members had beaten him up and threatened because of which, he went and committed suicide. 4. The counsel for the informant draws my attention to the video recorded by the deceased prior to committing the suicide, wherein it was stated that the deceased was humiliated since last three to four months. He has also stated that the wife had said that he would be killed after she is discharged from the hospital. 5. Considering the averments in the FIR and the mobile recording on record as Annexure no.8, prima-facie, the abetment at the instance of the applicants, who is the wife and the mother in law of the deceased, cannot be said to be Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A., Anurag. S. Kaalesh, J.K. Rathore Pooja Devi Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Lko. And Another .....Opposite Party(s)
made out as defined under the BNS Act, as such, considering the law as explained in the case of Mariano Anto Bruno and another vs. Inspector of Police; 2022 SCC Online SC 1387, a case for anticipatory bail is made out. 6. Thus, the present application for anticipatory bail is accordingly allowed. 7.
In the event of arrest, let the applicants Pooja Devi and Meena Devi shall be released on anticipatory bail in aforesaid FIR number on their furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of Court below concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicants 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. (d) The applicants shall not leave India without the previous permission of the Court. November 14, 2025 VNP/- NABAIL No. 1674 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench