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2025 DAILYLAW 31168 (ALL)

SMT. SAPNA PRAJAPATI v. STATE OF U.P. AND ANOTHER

NABAIL/2230/2025 · 2025-03-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41292 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2230 of 2025 Applicant :- Smt. Sapna Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar,Vimal Kant Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed today by Sri Piyush Kumar Shukla, Advocate, on behalf of the informant, is taken on record. 2. Heard learned counsel for the applicant, Sri Piyush Kumar Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been moved by the applicant for enlarging her on bail in Case Crime No.160 of 2024, under Sections 306 I.P.C., Police Station Raksha, District Jhansi. 4. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a lady and wife of the deceased. FIR is delayed by one and half month. Allegation in the FIR is that niece of the deceased found that body of the deceased was hanging. Investigation is going on. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 5. Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail. Learned counsel for the informant has submitted that cause of death is poisoning. After death he was hanged and applicant was living with the deceased. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 6. The object of Section 482 B.N.S. is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 7. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 8. Heard learned counsel for the parties. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. 9. Accordingly, the anticipatory bail application of the applicant- Smt.Swapna Prajapati, involved in aforesaid case crime is, hereby, rejected. Order Date :- 21.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad