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Neutral Citation No. - 2025:AHC:52519 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2331 of 2025 Applicant :- Archana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Anirudh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Vineet Kumar Dubey and Sri Salilendu Kumar Upadhyay, Advocates, have filed their Vakalatnama on behalf of the complainant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Yogendra Kumar, learned Brief Holder for the State- opposite party, and Sri Vineet Kumar Dubey, learned counsel for the informant, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case No. 551 of 2020, under Sections 323, 504, 506, 452, 394 I.P.C., Police Station Sikrara, District Jaunpur. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. There are vague and general allegations against the applicant. Co-accused Shashank @ Shaktiman was alleged to have assaulted the mother of the complainant and co-accused Mahendra was alleged to have robbed the earring of the mother of the complainant. At this stage there is no credible evidence to link the applicant with the offence. Further, civil dispute is also pending between the parties. Summon was issued to the applicant on 17.04.2023. The applicant was not aware of the pending proceedings. On 08.01.2025 the applicant came to know about the present proceedings when the husband of the applicant was arrested. The applicant has no criminal antecedents. The applicant is a lady and has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. and learned counsel for the complainant 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 and antecedents of the applicant and, in particular, the fact that there are vague and general allegations against the applicant; co-accused Shashank @ Shaktiman was alleged to have assaulted the mother of the complainant and co-accused Mahendra was alleged to have robbed the earring of the mother of the complainant; at this stage there is no substantive evidence to link the applicant with the offence; civil dispute is also pending between the parties, 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- Archana Devi, 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 and every 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. Further, 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 :- 10.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad