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2025 DAILYLAW 59467 (ALL)

VIMLA DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/3984/2025 · 2025-07-23

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122025 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3984 of 2025 Applicant :- Vimla Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- Amit Kumar Tripathi,G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and Sri Amit Kumar Tripathi, learned counsel for the informant, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 39 of 2024, under Sections 147, 148, 149, 34, 452, 307, 323, 427, 504, 506 I.P.C., Police Station Kyoladiya, District Bareilly. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with four named accused are alleged to have assaulted the informant Munni Devi and her nephew Harpal. As per the medical report of the two injured, the injuries were found simple in nature. It is contended that the nature of the injuries shows that there was no intent to murder. Further, it is a cross case. On 27.03.2024 the applicant no. 1 had lodged a first information report against the nephew of the informant and others registered as Case Crime No. 28 of 2024, under Sections 323, 504, 506 I.P.C., Police Station Kyoladiya, District Bareilly. From the side of the applicants three persons received injuries. The aggressor is still to be ascertained. At this stage there is no clarity with regard to role of the applicants. The investigation has been completed. During the course of investigation the applicants were granted protection till the cognizance is taken on the police report, vide order dated 26.04.2024 passed by this Court in Criminal Misc. Writ Petition No. 6028 of 2024, Uma Charan and 6 others v. State of U.P. and others. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants are ladies and have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 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 applicants and, in particular, the fact that as per the medical report of the two injured, the injuries were found simple in nature; the nature of the injuries shows that there was no intent to murder; further, it is a cross case; from the side of the applicants three persons received injuries; the aggressor is still to be ascertained; at this stage there is no clarity with regard to role of the applicants; during the course of investigation the applicants were granted protection till the cognizance is taken on the police report; the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Vimla Devi, Devki Devi and Rekha Devi, 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 and every 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 passport, the same shall be deposited by them before the concerned court. 7. Further, 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 :- 24.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad