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Neutral Citation No. - 2025:AHC:88885 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4148 of 2025 Applicant :- Mamta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- Ashutosh Shukla,G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State, Sri Ashutosh Shukla, counsel for the informant and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 159 of 2025, under Sections 109, 118(2), 115(2) of B.N.S., Police Station- Jahanabad, District- Pilibhit. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with the co-accused Devendra Kumar (husband of the applicant) are alleged to have assaulted the husband of the informant. As per the medical report, the injured, Bhagwan Das received three injuries. The said injuries were referred for x-ray examination. As per the x-ray report of the injury nos. 1 and 2, no abnormality was seen whereas injury no. 3 was a fracture on left leg. It is contended that although the injury no. 3 was grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. The co- accused, Devendra Kumar has been arrested. The applicant is a lady and has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical report, the injured, Bhagwan Das received three injuries; the said injuries were referred for x-ray examination; as per x-ray report of the injury nos.
1 and 2, no abnormality was seen whereas injury no. 3 was a fracture on left leg; the injury
no. 3 was grievous in nature but not dangerous to life, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Mamta 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.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. 8. 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. 9. 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. 10.
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.
11. The application stands disposed of.
Order Date :- 26.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad