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2025 DAILYLAW 190304 (ALL)

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

ABAIL/1222/2025 · 2025-11-04

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1222 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 Case Crime/FIR No.136 of 2024, under Sections 147, 149, 323, 504, 506, 302 of the Indian Penal Code, 1860, Police Station - Raniganj, District - Pratapgarh.. 3. In terms of the FIR, it has been alleged that the applicant who is aunt (bua) of the informant was occupying the property of the informant and not evicting the same because of which dispute erupted and all the accused hurled abuses and starting hitting the father of the informant which resulted in injuries. Subsequently, statement of the wife of the deceased was recorded wherein she stated that on account of property dispute, an altercation ensued in which husband of the said witness intervened because of which he was pushed and fell down on earth resulting injuries in the head. The post- mortem report indicates that contusion swelling on back side of the skull. The applicant is aged about 64 years. 4. Learned AGA opposes the bail application. 5. Considering the statement of the wife of the deceased and also the post- mortem, prima facie, the incident to cause the offense under Section 302 IPC is apparently missing coupled with the said fact that the applicant is aged Versus Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A. Naseem Bano .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) about 64 years, I am of the view that the applicant is entitled to be enlarged on anticipatory bail. The present application for anticipatory bail is accordingly disposed of. 6. In the event of arrest, let the applicant - Naseem Bano be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of trial Court 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. November 4, 2025 Mohit Singh/- ABAIL No. 1222 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench