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2025 DAILYLAW 23750 (ALL)

ALKA v. STATE OF U.P. AND 2 OTHERS

NABAIL/1680/2025 · 2025-04-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60314 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1680 of 2025 Applicant :- Alka Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.375 of 2024, under section 109(1) B.N.S., P.S. Jhinjhana, District Shamli. 3. Counsel for the applicant submits that the applicant is the married sister-in-law (Nanad) of informant/victim and has been falsely implicated in the present case. The marriage of the informant was solemnized with co-accused Lokendra 20 years ago. The applicant lives separately from the house of co-accused Lokendra. The applicant was granted regular bail by the Civil Judge (Jr. Div.)/ Judicial Magistrate, Kairana, District Shamli on 3.10.2024 in Case Crime No. 375 of 2024, under Section 85, 115(2), 117(2) B.N.S., P.S. Jhinjhana, District Shamli. During the course of investigation Section 109(1) B.N.S. has been added. It is contended that although the injury no.2 sustained by the informant is grievous in nature but not dangerous to life. The nature of the injury shows that there was no intent to murder. Vague and general allegations have been levelled. Further, the case of the applicant is distinguishable from that other co-accused. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the applicant is the married sister-in-law (Nanad) of informant/victim; the fact that the applicant was granted regular bail by the Civil Judge (Jr. Div.)/ Judicial Magistrate, Kairana, District Shamli on 3.10.2024 in Case Crime No. 375 of 2024, under Section 85, 115(2), 117(2) B.N.S., P.S. Jhinjhana, District Shamli; during the course of investigation Section 109(1) B.N.S. has been added, the fact that the nature of the injury shows that there was no intent to murder; vague and general allegations have been levelled, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Alka be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193 (3) B.N.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad