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2025 DAILYLAW 70241 (ALL)

PRITI AND ANOTHER v. STATE OF U.P.

NABAIL/5268/2025 · 2025-07-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110784 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5268 of 2025 Applicant :- Priti And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Singh Yadav,Sr. Advocate Counsel for Opposite Party :- G.A.,Rakesh Kuamr Yadav,Siddhartha Mishra Hon'ble Vivek Varma,J. 1. X-ray report produced by Sri V.P. Tripathi, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicants, learned A.G.A. for the State, Sri Rakesh Kumar Yadav, counsel for the informant and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 130 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3), 74, 75, 109 of B.N.S., Police Station- Tharwai, District- Prayagraj. 4. 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 and the co-accused Devendra are alleged to have assaulted the informant and her two daughters Swati and Sunaina. As per the medical report, the informant/Sangeeta Devi received five injuries. All the injuries were simple in nature except the injury no. 4 which was referred for x-ray examination. As per the x-ray report, no abnormality was seen. The other two injured also received injuries which were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicants with the offence. The applicants are ladies and have no criminal antecedent. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants is granted anticipatory bail, they will not misuse the said liberty. 5. 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. 6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the injuries sustained by the injured were found simple in nature, at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Priti and Kusum 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. 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 applicants. 10. 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 applicants. 11. The applicants are 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. 12. The application stands disposed of. Order Date :- 11.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad