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2025 DAILYLAW 78730 (ALL)

INDU DEVI v. STATE OF U.P.

NABAIL/5955/2025 · 2025-07-28

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125361 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5955 of 2025 Applicant :- Indu Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 144 of 2024, under Sections 307, 323, 504, 506, 452, 34 IPC, Police Station Bansdih, District Ballia. 3. Counsel for the applicant contends that the the applicant has been falsely implicated in the present case. As per the first information report, the role of causing injury on the head of the informant, his sister Chandni, and his mother Munni Devi has been assigned to the co-accused Rohit Varma. There are vague and general allegations against the applicant. The applicant has not been nominated as the principal offender, who caused the head injury to three injured. During the course of investigation, the applicant was granted anticipatory bail, till submission of police report, by the Sessions Judge, Ballia vide order dated 29.06.2024 passed in Bail Application No. 1276 of 2024. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. 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 till conclusion of trial, 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that there are vague and general allegations against the applicant; the applicant has not been nominated as the principal offender, who caused the head injury to three injured; during the course of investigation, the applicant was granted anticipatory bail, till submission of police report, by the Sessions Judge, Ballia; at this stage, there is no substantive evidence to link the applicant with the offence; charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, and 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 Indu Devi, 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 :- 29.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad