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2025 DAILYLAW 86417 (ALL)

SMT. UMA SHUKLA v. STATE OF U.P. AND ANOTHER

NABAIL/6582/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140668 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6582 of 2025 Applicant :- Smt. Uma Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Dwivedi,Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.0016 of 2024, under section 308, 504, 506 I.P.C., P.S. Prem Nagar, District Jhansi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first informant report and the statement of the informant under Section 161 Cr.P.C. specific role of assault on the head of the informant has been assigned to co-accused Ajay Shukla. Even independent witnesses, namely Abhishek Kumar and Prince Ahirwal have stated that co-accused Ajay Shukla assaulted the injured on his head. A vague and general role has been assigned to the applicant. The case of the applicant is clearly distinguishable from that of co-accused Ajay Shukla. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. 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, antecedents of the applicant and the fact that as per the first informant report and the statement of the informant under Section 161 Cr.P.C. specific role of assault on the head of the informant has been assigned to co-accused Ajay Shukla, even the independent witnesses, namely Abhishek Kumar and Prince Ahirwal have stated that co-accused Ajay Shukla assaulted the injured on his head, a vague and general role has been assigned to the applicant, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Smt. Uma Shukla, 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 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. 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 :- 18.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad