SMT. RASHMI SIKERA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/5899/2025 · 2025-08-03
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77859 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77859 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:130487 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5899 of 2025 Applicant :- Smt. Rashmi Sikera And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anushriya Tripathi,Ashok Nath Tripathi,Rakesh Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Shubham, learned Advocate has filed Vakalatnama on behalf of the informant-opposite party no.2. The same is taken on record. 2. Heard Sri Ashok Nath Tripathi, counsel for the applicants; Sri Shubham, counsel for opposite party no.2 and Sri V.P. Tripathi, learned AGA for the State. Perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.30 of 2025, under Sections 318(4), 338, 336(3), 340(2) B.N.S., Police Station -Shikohabad, District- Firozabad, during the pendency of trial. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. Applicant No.2 is the mother-in-law of applicant no.1. The land in dispute was in possession of the applicant no.2 and her husband since 1971. The said land was gifted to the applicant no.1 in the year 2022. The applicants have not forged or manipulated any documents. Case is purely civil in nature. The opposite party no. 2 has attempted to cloak it with a criminal flavour to harass the applicants. At this stage, there is no credible evidence to link the applicants with the offence. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants are ladies and have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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, considering the nature of accusations, antecedents of the applicants, and the fact that the case is purely civil in nature; at this stage, there is no substantive evidence to link the applicants with the offence.; investigation has been completed; charge sheet has been filed; the applicants had cooperated in the investigation; the applicants have been summoned by the concerned court, 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. 7. In the event of arrest, the applicants Smt. Rashmi Sikera and Smt. Meena Kumari, 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 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. 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 :- 4.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad