REKHA @ ROOPRANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/1900/2025 · 2025-12-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187199 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187199 (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. - 1900 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Crime No. 75/2025, U/S 231, 233, 234, 235, 236, 318(4), 308 (6), B. N. S. Corresponding Section 195, 196, 197, 198, 199, 420, 389, I. P. C., Police Station Asoha, District Unnao. Heard learned counsel for the applicant and learned A.G.A. for the State. As per the FIR, the alleged incident took place on 22.10.2024, whereas the FIR was lodged on 10.05.2024 through an application under Section 173(4) BNSS, without any explanation for the delay. It is further contended that the present FIR has been instituted as a counterblast to the earlier FIR registered by the applicant against the complainant, being FIR No. 0131 of 2024, under Sections 376/323/506 IPC and Section 3(2)(v) of the SC/ST Act. It is also submitted that the fact of the applicant being the legally wedded wife of the complainant has been suppressed in the present FIR. The investigation is underway and the applicant undertakes to cooperate in the same. The applicant is a woman and has no criminal antecedents.
Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Versus Counsel for Applicant(s) : Vina Gupta Counsel for Opposite Party(s) : G.A. Rekha @ Rooprani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Learned AGA has opposed the bail application. Considering the facts that the applicant is a woman and has no criminal antecedents; there is no prima facie indication of delivery of property; the FIR has been lodged after an unexplained delay of several months and in view of the undertaking given on her behalf to cooperate in the investigation, I am of the view that she is entitled to 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 her cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his 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 applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. December 3, 2025 R.C.
NABAIL No. 1900 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench