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2025 DAILYLAW 26097 (ALL)

ISRAT JAHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/1861/2025 · 2025-05-12

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78226 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1861 of 2025 Applicant :- Israt Jahan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Mishra,Surendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 374 of 2024, under Sections 137(2), 87, 61(2) B.N.S., Police Station Jani, District Meerut. 3. At the outset, Sri S.P.Mishra, learned counsel for the applicant submits that the applicant no.2 has been arrested. The instant application on behalf of the applicant no.2 has been rendered infructuous. 4. Accordingly, the application on behalf of the applicant no.2 is dismissed as infructuous. 5. Insofar as the applicant no.1 is concerned, learned counsel for the applicant no.1 submits that the applicant no.1 has been falsely implicated in the instant case. As per the statement of the victim, the role of abduction and kidnapping has been assigned to the co-accused Shoib. At this stage there is no credible evidence to link the applicant no.1 with the offence. The applicant no.1 is a lady and has no criminal antecedents. It is next submitted that the investigation is pending and the applicant no.1 has apprehension of her arrest in the above mentioned case. 6. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant no.1 further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made by learned counsel for the applicant no.1, considering the nature of accusations and antecedents of the applicant no.1, in particular the fact, that as per the statement of the victim, the role of abduction and kidnapping has been assigned to the co-accused Shoib, at this stage there is no substantive evidence to link the applicant no.1 with the offence, without commenting on merits of the case, I am of the opinion that the applicant no.1 is entitled to be enlarged on anticipatory bail till the submission of police report. 9. 9. In the event of arrest, the applicant no.1- Israt Jahan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 no.1 shall make herself available for interrogation by a police officer as and when required; (ii) The applicant no.1 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 no.1 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 no.1. 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 no.1. 10. The applicant no.1 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 :- 13.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad