NEELU DEVI @ NEELU RAWAT v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/1256/2025 · 2025-11-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187285 (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 438 CR.P.C. No. - 1256 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. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.281 of 2023 under section 306 IPC, P.S. Itaunja, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant was being blackmailed by the applicant and demands for money were made because of which she committed suicide. The cause of death, as per the postmortem report, is antemortem hanging. 4. It is stated by the counsel for the applicant that the applicant was earlier granted the benefit of anticipatory bail vide order dated 08.07.2024 passed anticipatory bail application no.1489 of 2024 till filing the charge-sheet and now the charge-sheet has been filed. 5. Learned AGA opposes the bail application. 6. Considering the allegation in the FIR and the postmortem report, prima- facie, the allegation of abetment, as defined under section 108 BNS, is missing, thus, considering the law as explained in the case of Velladurai vs. State represented by the Inspector of Police; (2022) 17 SCC 523, the applicant is entitled to be enlarged on anticipatory bail, more so Versus Counsel for Applicant(s) : Chandra Bhooshan, O.P. Tiwari Counsel for Opposite Party(s) : G.A. Neelu Devi @ Neelu Rawat .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
when the applicant was earlier granted the benefit of anticipatory bail. 7.
Thus, in the event of arrest, let the applicant Neelu Devi @ Neelu Rawat be released on anticipatory bail till the conclusion of trial in aforesaid FIR number on her 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 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 he 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. 8. The present application for anticipatory bail is accordingly allowed. November 15, 2025 VNP/- ABAIL No. 1256 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench