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2025 DAILYLAW 85660 (ALL)

GAUSIYA v. STATE OF U.P. AND ANOTHER

NABAIL/6697/2025 · 2025-08-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142397 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6697 of 2025 Applicant :- Gausiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 93 of 2025, under Sections 318(4), 352, 308(5) B.N.S., Police Station Kotwali, District Rampur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 03.06.2025. The first information report was lodged on 25.06.2025. The delay is fatal to the prosecution case. Vague and general allegations have been levelled against the applicant. No amount was credited in the account of the applicant. The alleged amount was transferred by the informant in the bank account of the co- accused Farman. The case of the applicant is clearly distinguishable from that of co-accused Farman. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Gulfam has been granted anticipatory bail, till the submission of police report, by this Court vide order dated 23.07.2025 passed in Criminal Misc. Anticipatory Bail Application No. 5830 of 2025. The applicant is a lady and has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the FIR was lodged belatedly; vague and general allegations have been levelled against the applicant; the alleged amount was transferred by the informant in the bank account of the co- accused Farman; at this stage, there is no substantive evidence to link the applicant with the offence; identically placed co-accused Gulfam has been granted anticipatory bail, till the submission of police report, by this Court; and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Gausiya be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicant shall make herself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. 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 applicant. 9. 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 applicant. 10. The applicant is 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. 11. The application stands disposed of. Order Date :- 20.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad