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Neutral Citation No. - 2025:AHC:38022 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1572 of 2025 Applicant :- Shabana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State- opposite party no. 1, and perused the record.
2. The instant application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 569 of 2024, under Sections 89, 351(3) B.N.S., Police Station Katghar, District Moradabad.
3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The applicant is not a doctor. She has no concern with the alleged incident. The applicant has no criminal antecedents. The investigation is pending and the applicant has apprehension of her arrest in the above mentioned case.
4. On the other hand, learned A.G.A. has opposed the prayer for anticipatory bail.
5. Having considered the submissions of both the sides and after perusal of the record, this Court prima facie finds that the victim in her statement under Section 183 B.N.S.S. has stated that after she was found pregnant, co-accused Tushar Thakur had taken her to a small clinic, where the applicant gave her an injection and aborted the child. When her condition worsened, she was taken to a hospital, known as Medvin Hospital. She had to undergo operation at the said hospital and was discharged after one month. The independent witnesses Amarpal and Pyarelal have also stated that the applicant had done the abortion of the victim. In my opinion, this is not an appropriate case for grant of anticipatory bail. Accordingly, the instant application is rejected, leaving it open to the applicant to apply for regular bail before the court concerned, which application on being filed may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 17.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad