SMT RAMJANKI ALIAS RAMAKANTI v. STATE OF U.P. AND ANOTHER
NABAIL/6235/2025 · 2025-09-11
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81735 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6235 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. As per office report dated 11.9.2025, notice of the present application has been served personally upon the opposite party no.2. However, no one appears on behalf of the opposite party no.2 nor any counter affidavit has been filed on his behalf. 2. Despite time granted, no counter affidavit has been filed by learned A.G.A. for the State. 3. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 4. The applicant was granted interim anticipatory bail vide order dated 12.8.2025 passed by this Court. The order is quoted herein below;-
"1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Sessions Case No. 427 of 2020, under Sections 323, 392, 394, 504, 506 of I.P.C., Police Station Kurara, District Hamirpur. 3. Counsel for the applicant contends that earlier the informant lodged an N.C.R. against the applicant and two others on 19.07.2020 registered as N.C.R. No. 129 of
2024. Thereafter, on 19.08.2020, the informant filed a complaint before the Special Sessions Judge, D.A.A. Act, Hamirpur. On the basis of the said complaint, the applicant has been summoned. It is next contended that in the N.C.R., there is no allegation of robbery against the applicant. There are contradictions in the N.C.R. and in the complaint lodged by the complainant. The said contradictions discredit the prosecution case. No such incident had occurred. In the alleged incident, the injuries sustained by the complainant were found simple in nature. The applicant is a lady and has no criminal antecedents. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to the opposite party no. 2 returnable at an early date. 6. Opposite parties are granted three weeks' time to file counter affidavit. Rejoinder, if Versus Counsel for Applicant(s) : Vijay Bahadur Shivhare Counsel for Opposite Party(s) : G.A. Smt Ramjanki Alias Ramakanti .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
any, may be filed within a week thereafter. 7.
Place this case on 12.09.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Smt Ramjanki Alias Ramakanti in the aforesaid case crime shall be released on interim anticipatory bail 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 and every 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same."
5. Counsel for the applicant contends that pursuant to interim order dated 12.8.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. The applicant is a lady and has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial she will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made in the interim order dated 12.8.2025, considering the nature of accusations, antecedents of the applicants, and the fact that the applicant is appearing before the concerned court on the dates fixed.
Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 8. In the event of arrest, the applicant Smt Ramjanki alias Ramakanti, involved in Sessions Case No. 427 of 2020, under Sections 323, 392, 394, 504, 506 of I.P.C., Police Station Kurara, District Hamirpur, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 NABAIL No. 6235 of 2025 2
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. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. September 12, 2025 Manish Kr NABAIL No. 6235 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad