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Neutral Citation No. - 2025:AHC:80990 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3833 of 2025 Applicant :- Mithlesh Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of the Statement of the victim/ injured, produced by learned AGA, is taken on record. 2. Heard learned counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.125 of 2025, under sections 352, 333, 118(1), 109(1) B.N.S., P.S. Noorpur, District Bijnor. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information co-accused Shubham @ Nannu was alleged to have caused injury to the informant. The case of the applicant is clearly distinguishable from that of co-accused Shubham @ Nannu. Further, the injuries sustained by the informant were found simple in nature. The nature of the injuries shows that there was no intent to murder. The applicant being a lady having no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned 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 learned counsel for the applicant, considering the nature of accusations and
antecedents of the applicant, the fact that as per the allegations in the first information co-accused Shubham @ Nannu was alleged to have caused injury to the informant; the injuries sustained by the informant were found simple in nature; 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 till the submission of police report. 8.
8. In the event of arrest, the applicant Mithlesh 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., 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 :- 16.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad