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2025 DAILYLAW 41905 (ALL)

SMT ARCHANA DEVI v. STATE OF U.P.

NABAIL/2991/2025 · 2025-05-22

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88593 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2991 of 2025 Applicant :- Smt Archana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Khare,Raman Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1.Copy of the medical reports of informant Amit Soni and injured Monika Soni produced by Sri V.P.Tripathi, learned A.G.A is taken on record. 2. Heard Sri Akhilesh Kumar Khare, counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 65 of 2025, under Sections 352, 109 of B.N.S., Police Station Chakeri, District Kanpur Nagar. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the contents of the first information report, the applicant along with her husband Ram Babu are alleged to have assaulted the informant-Amit Soni and his wife Monika. As per the medical report of Amit Soni, he received three injuries. The injury no. 1 and 3 were simple in nature. The injury no. 2 was referred for X-Ray examination. As per the report of Radiologist, injury no. 2 was a fracture on left knee (patella) bone. The other injured Monika received two injuries which were found simple in nature. It is contended that the injury no. 2 of informant-Amit Soni was although found grievous in nature but not dangerous to life. The nature of the injury shows that there was no intent to murder. The applicant is a lady and has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per medical report and supplementary medical report of both the injured, the injury no. 2 of Amit Soni was grievous in nature but not dangerous to life. The injury of other injured was found to be simple in nature, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Smt. Archana Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 shall make herself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. 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. 10. 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. 11. The applicant 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. 12. The application stands disposed of. Order Date :- 23.5.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad