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Neutral Citation No. - 2025:AHC:82169 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2762 of 2025 Applicant :- Kiran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Pundir Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.76 of 2020, under sections 325, 326 I.P.C., P.S. Nanauta, District Saharanpur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report was lodged against the applicant under Sections 323, 324, 504, 506 I.P.C. The applicant was granted bail in the said sections by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Deoband, Saharanpur vide order dated 11.3.2020 passed in Bail Application No. 993 of 2020. After investigation charge-sheet has been filed. The applicant has been summoned by the concerned Court vide order dated 3.12.2020 under sections 323, 324, 326, 504, 506 I.P.C. The applicant came to know about the order issuing summons on 6.8.2024. The applicant preferred a revision. The said revision was dismissed on 13.2.2025. No process under Sections 82 Cr.P.C. has been issued against the applicant. It is contended that in the alleged incident two persons namely Kuldeep and Shantanu received injury. Kuldeep received a single injury on upper right arm. The injuries received by Shantanu were found simple in nature. It is contended that the injury sustained by Kuldeep was although grievous in nature but not dangerous to life. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. 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 the fact
that the applicant was granted bail under Sections 323, 324, 504, 506 I.P.C. by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Deoband, Saharanpur; in the alleged incident two persons namely Kuldeep and Shantanu received injuries, Kuldeep received a single injury on upper right arm, the injuries received by Shantanu were found simple in nature; the injury sustained by Kuldeep was although grievous in nature but not dangerous to life, the fact that 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 being a lady is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Kiran, 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. 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 :- 17.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad