AMITA DWIVEDI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO.
NABAIL/1921/2025 · 2025-12-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186676 (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. - 1921 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rajesh Kumar Gupta, Advocate on behalf of complainant is taken on record. The present anticipatory bail application has been filed by the applicants Amita Dwivedi and Siya Dulari seeking anticipatory bail in Case Crime No.803 of 2025 under Section 191(2), 191(3), 109, 352, 351(3) BNS, 2023, Police Station Shushant Golf City, District Lucknow.
Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the complainant. In the prosecution case, it is alleged that on 09.09.2025 at about 1:20 p.m., while the informant was going to take a bath, the co-accused Aman Dwivedi, who had already laid an ambush near Shankar Rawat's shop, started hurling abuses along with the other co-accused persons. It is further alleged that all the accused persons assaulted the informant as well as his nephew, who came to his rescue. It is also alleged that the accused were armed with sticks, a spade, and an axe.
Learned counsel for the applicants submits that the injured has received simple injuries. No case under Section 109 BNS is made out. The applicants have been falsely implicated, and no specific role Versus Counsel for Applicant(s) : Abhishek Tiwari, Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Amita Dwivedi And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. .....Opposite Party(s)
has been assigned to them.
Learned counsel for the applicants further submits that if the accused are granted anticipatory bail, they undertake to comply with all conditions imposed by the Court. They shall fully cooperate with the investigation and shall not misuse the liberty granted to them. Learned AGA as well as learned counsel for the complainant have opposed the bail application.
Learned counsel for the complainant submits that the informant has received a lacerated wound on the back of the skull along with other injuries. On due consideration of the fact that the injured has received simple injuries, and that five persons of one family, including three ladies, have been made accused of committing the offence, it prima facie appears that the ingredients necessary to attract the offence under Section 307 IPC are missing. Further, considering the undertaking given on behalf of the applicants to cooperate with the investigation, and also keeping in view that the applicants are ladies, I am of the opinion that the applicant deserves to be released on anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to their continued cooperation in the investigation.
In view of the above, it is provided that in the event of arrest, the applicants shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer / investigating officer / S.H.O. concerned with the following conditions:
The applicants shall report to the investigating officer within twenty days from today.
They shall cooperate in the investigation and shall not attempt to influence the witnesses.
The applicants shall remain present as and when the arresting officer / I.O. / S.H.O. concerned calls for investigation or interrogation.
NABAIL No. 1921 of 2025 2
The applicants shall not leave India without the prior permission of the Court.
The application is allowed. December 5, 2025 Madhu D.R/P.S NABAIL No. 1921 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench