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2025 DAILYLAW 90757 (ALL)

GULISTA v. STATE OF U.P.

NABAIL/7098/2025 · 2025-08-31

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7098 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant as well as Sri Shashank Shekhar Pandey, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.347 of 2023, under section 120B, 328, 506 I.P.C., P.S. Noorpur, District Bijnor. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 9.9.2021. The first information report was lodged on 5.9.2023. The delay is fatal to the prosecution case. After investigation, final report in favour of the applicant was submitted by the investigating officer. The applicant has been summoned under Section 319 Cr.P.C. No indecent photographs or objectionable videos of the victim were provided to the investigating officer. Further, at this stage, there is no credible evidence to suggest that any poisonous or intoxicating substance was administered to the informant. No medical report is available Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A. Gulista .....Applicant(s) State of U.P. .....Opposite Party(s) in the case diary. The applicant had cooperated in the investigation. No custodial interrogation is required. 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. 5. Learned A.G.A. 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 and antecedents of the applicant and the fact that the delay in lodging the first information report is fatal to the prosecution case, after investigation final report in favour of the applicant was submitted by the investigating officer, no indecent photographs or objectionable videos of the victim were provided to the investigating officer, at this stage, there is no substantive evidence to suggest that any poisonous or intoxicating substance was administered to the informant, no medical report is available in the case diary, 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. 7. In the event of arrest, the applicant Gulista, 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; NABAIL No. 7098 of 2025 2 (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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 1, 2025 S.S. NABAIL No. 7098 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad