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2025 DAILYLAW 30437 (ALL)

DIVYANSHI TIWARI ALIAS SHENU v. STATE OF U.P.

NABAIL/2189/2025 · 2025-03-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38986 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2189 of 2025 Applicant :- Divyanshi Tiwari Alias Shenu Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Abhiuday Mehrotra, Advocate has filed his vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant, counsel for the informant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Session in Case Crime No. 244 of 2024, under sections 420, 467, 468, 471, 147, 504, 506, 120B of I.P.C., Police Station Tajganj, District- Agra. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the wife of the informant. Earlier, the applicant lodged a first information report against the informant registered as Case Crime No. 0547 of 2023, under Sections 376, 377, 498A, 354, 323, 352, 504, 506 of I.P.C., Police Station- Tajganj, District- Agra. In the said case, charge-sheet has been submitted against the informant under Section 498A I.P.C. The instant prosecution has been instituted only for the purposes of harassment. The applicant has not forged or manipulated any documents. During the course of investigation, the applicant was granted protection till submission of Police report by this Court vide order dated 30.05.2024 passed in Criminal Misc. Writ Petition No. 9297 of 2024 (Divyanshi Tiwari and 2 others vs. State of U.P. and 3 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that earlier, the applicant lodged a first information report against the informant registered as Case Crime No. 0547 of 2023, under Sections 376, 377, 498A, 354, 323, 352, 504, 506 of I.P.C., Police Station- Tajganj, District- Agra. In the said case, charge-sheet has been submitted against the informant under Section 498A I.P.C. At this stage, there is no substantive evidence against the applicant. During the course of investigation, the applicant was granted protection till submission of Police report by this Court vide order dated 30.05.2024 passed in Criminal Misc. Writ Petition No. 9297 of 2024 (Divyanshi Tiwari and 2 others vs. State of U.P. and 3 others). Charge-sheet has been filed. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Divyanshi Tiwari Alias Shenu, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make herself available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 19.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad