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Neutral Citation No. - 2025:AHC:110122 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4667 of 2025 Applicant :- Smt. Khursheed Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 14-A of 2004, under Sections 307/34, 504 IPC, Police Station Kemri, District Rampur. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case due to certain other dispute between the parties. After investigation, final report in favour of the applicant was submitted by the Investigating Officer. The applicant has been summoned vide order dated 27.10.2006 under Section 319 Cr.P.C. Against the order dated 27.10.2006 the applicant approached this Court by filing an application U/s 482 Cr.P.C. No. 14402 of 2006 (Smt. Khursheed Vs. State of U.P. and another) and the Court vide order dated 29.11.2006 stayed the proceedings of the sessions trial against the applicant. On 06.05.2022 on account of non-appearance of the counsel for the applicant the interim order was vacated. The applicant thereafter filed a recall application, which is still pending consideration. Consequent thereto, the trial commenced and summons have been issued to the applicant. It is contended that in the alleged incident, the role of catching hold has been assigned to the applicant and the co- accused Munne is alleged to have caused injury on the head of the informant. At this stage there is no credible evidence to link the applicant with the offence. The applicant had co-operated in the investigation. No custodial interrogation is required. The applicant is a 74 years old lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, she will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by learned counsel for the applicant,
considering the nature of accusations and antecedents of the applicant, in particular the fact, that after investigation, final report in favour of the applicant was submitted by the Investigating Officer; the applicant has been summoned under Section 319 Cr.P.C.; in the alleged incident, the role of catching hold has been assigned to the applicant; and the co-accused Munne is alleged to have caused injury on the head of the informant; at this stage, there is no substantive evidence against the applicant, the applicant had co-operated in the investigation, 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. 7. In the event of arrest, the applicant Smt. Khursheed, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 10.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad