Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106806
Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5170 of 2025 Applicant :- Sunita Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 58 of 2023, under sections 363, 366 of I.P.C., Police Station- Kaptanganj, District- Azamgarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., she had left her house voluntarily. There is no allegation against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted protection till submission of police report by this Court vide order dated 11.05.2023 passed in Criminal Misc. Writ Petition No. 6044 of 2023 (Sudheer Chauhan and 4 others vs. State of U.P. and 2 others). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant is a 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, she 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., she had left her house
voluntarily, there is no allegation against the applicant, at this stage, there is no substantive evidence against the applicant, during the course of investigation, the applicant was granted protection till submission of police report, charge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Sunita, 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.
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 :- 8.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad