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2025 DAILYLAW 57126 (ALL)

ARCHANA v. STATE OF U.P.

NABAIL/3725/2025 · 2025-05-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85021 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3725 of 2025 Applicant :- Archana Opposite Party :- State of U.P. Counsel for Applicant :- Deo Dayal,Nand Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Criminal Case No.803 of 2025, Case Crime No. 33 of 2024, under Sections -323, 504, 307, 34 I.P.C., Police Station-Chakarghatta, District-Chandauli. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 29.05.2024. The first information report was lodged on 31.05.2024 under Sections 308, 504, 323 I.P.C. The delay is fatal to the prosecution case. As per the allegations in the first information report, the applicant along with two others are alleged to have assaulted the son of the informant Ashish and one Jitendra. In the alleged incident, the injuries sustained by the injured Ashish were found simple in nature. The other injured Jitendra received a single injury on his head. As per the supplementary medical report, the injury received by Jitendra was grievous in nature. In the second statement of the injured Jitendra, specific role of assault on his head has been assigned to co-accused Anil Rawat. A vague role has been assigned to the applicant. During the course of investigation, the applicant was granted protection by this Court vide order dated 11.9.2024 passed in Criminal Misc. Anticipatory Bail Application No.8002 of 2024. The said anticipatory bail application was dismissed as withdrawn vide order dated 17.4.2025. Investigation has been completed. After the investigation, charge sheet has been submitted against the applicant under Sections 323, 504, 307, 34 I.P.C. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant is a lady and has no criminal antecedents. It is next submitted that the applicant has apprehension of her arrest in the above mentioned case. In case she is granted anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the first information report was lodged belatedly; in the alleged incident, the injuries sustained by the injured Ashish were simple in nature; as per the supplementary medical report, the single injury received by Jitendra was grievous in nature; in the second statement of the injured Jitendra, specific role of assault on his head has been assigned to co-accused Anil Rawat; a vague role has been assigned to the applicant; during the course of investigation, the applicant was granted protection by this Court; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court; 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 Archana, 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 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 :- 20.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad