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2025 DAILYLAW 185827 (ALL)

BITANI @ CHANDRA PRABHA @ CHANDRA PRABHA PANDEY v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1359/2025 · 2025-12-11

Pankaj Bhatia

body2025

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. - 1359 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. Present application has been filed seeking anticipatory bail apprehending arrest in FIR No.346 of 2005, under Sections 498A, 304B IPC & Section 3/4 of D.P. Act Police Station Sidhauli, District Sitapur. 3. In terms of the FIR filed in the year 2005, allegations were levelled that sister of the informant was married to the accused named in the FIR namely Ram Babu Mishra and subsequently, information was given that she was found dead hanging. It was also stated that the entire matrimonial family used to harass her for dowry. The applicant claims that the applicant is not even the mother-in-law of the deceased and is the cousin sister of the mother-in-law of the victim, and a charge sheet came to be filed against her also in the year 2005, however, as no warrants were issued, the applicant could not appear and now the applicant is aged about 87 years and is apprehending arrest on account of issuance of non-bailable warrant. 4. Learned AGA opposes the bail application. 5. Considering the nature of the allegations and the antiquity of the offence, a case for anticipatory bail is made out. Present application for anticipatory Versus Counsel for Applicant(s) : Jaibind Singh Rathour, Abhitendra Singh, Gajendra Pal Singh, Kartik Rawat Counsel for Opposite Party(s) : G.A. Bitani @ Chandra Prabha @ Chandra Prabha Pandey .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) bail is accordingly allowed. 6. On the applicant surrendering before the trial Court, let the applicant Bitani @ Chandra Prabha @ Chandra Prabha Pandey be released on anticipatory bail in aforesaid FIR number on her furnishing a personal bond of Rs.5,000/- each to the satisfaction of Court below concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (d) The applicant shall not leave India without the previous permission of the Court. December 11, 2025 nishant ABAIL No. 1359 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench