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2025 DAILYLAW 193033 (ALL)

SAROJNI DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/8190/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8190 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. The present application has been filed by the applicants seeking bail in anticipation of their arrest in Case Crime No. 286 of 2025 under section 191(2), 115(2), 108 B.N.S., Police Station - Kurawali, District - Mainpuri. 3. Contention of counsel for the applicants is that from a bare perusal of the F.I.R. as well as the statement of the first informant, it is clear that because of matrimonial dispute, the applicants scolded the deceased which would not be sufficient to attract the ingredients of Section 108 B.N.S., and the applicants have been falsely implicated merely because applicant No.1 is mother-in-law and applicant No.2 is wife of the deceased. 4. Learned A.G.A. has opposed the prayer for anticipatory bail. 5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations as well as gravity of offence, the applicants are entitled to get anticipatory bail till submission of charge sheet as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6. In the event of arrest, the applicants Sarojni Devi and Vandana @ Ganga, involved in the aforesaid crime, shall be released on anticipatory Versus Counsel for Applicant(s) : Rakesh Kumar Rathore, Sanjeev Kumar Counsel for Opposite Party(s) : G.A. Sarojni Devi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) bail till conclusion of investigation on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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; (iii) The applicants shall not leave India without the previous permission of the Court; (iv) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 8. With the aforesaid observations/directions, the application stands disposed of. October 17, 2025 Vandana NABAIL No. 8190 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad