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2025 DAILYLAW 58474 (ALL)

SMT. RAJKUMARI AND 2 OTHERS v. STATE OF U.P.

NABAIL/4172/2025 · 2025-05-26

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90309 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4172 of 2025 Applicant :- Smt. Rajkumari And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Braj Mohan Singh Counsel for Opposite Party :- G.A.,Shashwat Kishore Chaturvedi Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants and Sri Raj Shekhar Srivastava, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.546 of 2024, under Sections 190, 191(2), 191(3), 121(1), 132, 119(1), 352, 351(3) B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station- Prem Nagar, District- Jhansi, during the pendency of trial. 3. Counsel for the applicants submits that the applicant has been falsely implicated in the instant case. A vague and general role has been assigned to the applicants. In the alleged incident, one police personnel has received injuries. As per the medical report, the injuries sustained by the injured were found simple in nature. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicants has been explained in para nos.31, 32 and 33 of the bail application. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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 applicants, considering the nature of accusations and the fact that a vague and general role has been assigned to the applicants; as per the medical report, the injuries sustained by the injured were found simple in nature; at this stage there is no substantive evidence to link the applicants with the offence; 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 applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Smt. Rajkumari, Smt. Archana and Smt. Jyoti, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them 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 :- 27.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad