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2025 DAILYLAW 202015 (ALL)

SAHANA BANO v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/1471/2025 · 2025-10-16

Pankaj Bhatia

body2025

Judgment text

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. HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1471 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR No.159 of 2025, under Sections 108, 316(2), 55 of BNS, Police Station Fatanpur, District Pratapgarh. 3. In terms of the FIR, it was alleged that the informant's husband was staying at Bombay for livelihood and the informant, who is extremely a poor person, was working in a co-operative, in which, the applicant was also a member. Subsequently, the applicant had withdrawn an amount of Rs.4,10,000/- from the society and was not returning the same, because of which, various people were demanding the money from the informant. Subsequently, she met two named co-accused Suresh Gautam and Safiq (advocate), who advised that she should immolate herself in front of the Home of the Chief Minister and then only she will be able to recover the money and by doing so, she will not even die, she get her money back. It Versus Counsel for Applicant(s) : Ranjeet Pratap Singh Counsel for Opposite Party(s) : G.A. Sahana Bano .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) . was also alleged that on the advise of the said two persons, the informant went before the Home of the Chief Minister and sprinkling kerosene on her. The police authorities, who are there, caught hold her and took her to the medical hospital. It was also alleged that she never attempt to commit suicide herself and tried to do so at the instigation of the two co-accused Suresh Gautam and Safiq, for which, she is regretting. 4. In the light of the abovesaid, the Counsel for the applicant argues that for implicating under Section 108 of BNS, it is essential that actual suicide should have taken place and there should be averment of abetment as defined under the BNS Act and none of the ingredients are present in this case. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the allegations levelled against the applicant and even if the allegation is considered for the sake of gospel truth, the abetment at the instance of the applicant is not made out particularly when the victim had not even committed suicide and the fact that the applicant has no criminal antecedents and is in custody since, I am of the view that the applicant is entitled for the benefit of anticipatory bail. Accordingly, the anticipatory bail application is allowed. 7. In the event of arrest, let the applicant Sahana Bano be released on anticipatory bail in the abovesaid first information report number till submission of the charge-sheet on her furnishing personal bond and sureties of Rs.10,000/- to the satisfaction of the Investigating Officer concerned with the following conditions: (i) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with investigation; (ii) 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 and NABAIL No. 1471 of 2025 2 (iii) The applicant shall not leave India without the previous permission of the Court. October 16, 2025 akverma NABAIL No. 1471 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench