Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118460 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2866 of 2025 Applicant :- Smt Rajvala Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.810 of 2021, under section 333 I.P.C., P.S. Majhola, District Moradabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Satendra and Manoj, who were arrested at the spot, The said statements, insofar as they implicate the applicant, is unreliable. In the alleged incident, a police constable received grievous injury on his index finger of right hand. The applicant has not been nominated as principal offender, who caused the said injury. During pendency of the investigation the applicant was granted anticipatory bail by this Court vide order dated 18.5.2022 passed in Criminal Misc. Anticipatory Bail Application No. 3073 of 2022. After investigation Section 333 I.P.C. has been added. Vague and general role has been assigned to the applicant. Investigation has been completed. 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 granted anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the
name of the applicant was disclosed by co-accused Satendra and Manoj, who were arrested at the spot, vague and general role has been assigned to the applicant, the applicant has not been nominated as principal offender, who caused injury to the police constable, the fact that the applicant is a lady and 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. 6. In the event of arrest, the applicant Smt. Rajvala, 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.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 21.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad