Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189944 (ALL)

NAEEMA BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/1434/2025 · 2025-10-07

Karunesh Singh Pawar

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 482 BNSS No. - 1434 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed in Case Crime/FIR No. 375 of 2025, under Sections 109, 115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Safdarganj, District Barabanki. In the prosecution case, it is alleged that on 24.07.2024, at about 4:00 p.m., the accused persons arrived in an ambulance and an Eco car, armed with iron rods, lathis, dandas, and sharp-edged weapons, and assaulted the injured persons. Learned counsel for the applicant submits that the applicant is a lady and has been falsely implicated in this case. Learned A.G.A., on the other hand, has opposed the bail application and submitted that it cannot be said to be a case of false implication. He submits that three persons sustained injuries in the incident, out of whom one Tariq suffered a fracture to the index finger of his right hand, while another injured person sustained an injury on the head. It is further submitted that cross FIRs have been lodged by both sides, and the Versus Counsel for Applicant(s) : Upendra Kumar Singh Counsel for Opposite Party(s) : G.A. Naeema Bano .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) occurrence of the incident is admitted. The injury reports, statements of the injured witnesses, and the fact that the applicant has been specifically named, the gravity and nature of the offence, indicate that this is not a case of false implication. The statements of the injured witnesses cannot be disbelieved at this stage. Perused the record. The offence under Section 109 BNS, read with the other offences, and considering the gravity of the allegations, it cannot be said that the case is one of false implication or that the allegations have been made merely to malign the reputation of the applicant. Anticipatory bail is an extraordinary remedy, intended to be exercised only in exceptional circumstances, where the Court is satisfied that the applicant has been falsely implicated or where no material exists to justify custodial interrogation. In the present case, having regard to the nature of accusation, the injury reports, and the seriousness of the offence, this Court does not find it to be a fit case for exercising the discretionary jurisdiction in favour of the applicant. Accordingly, the anticipatory bail application, being devoid of merit, is rejected. October 7, 2025 Madhu D.R/P.S NABAIL No. 1434 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench