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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7672 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants and Sri P.K. Tripathi, learned A.G.A. for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 151 of 2025, under Sections 191(2), 190, 115(2), 351(2), 352, 109(1) B.N.S., Police Station Walterganj, District Basti. 3. At the outset learned counsel for the applicants prays for withdrawal of the present application on behalf of the applicant no. 2. Accordingly, this application on behalf of the applicant no. 2 is dismissed as withdrawn. 4. Insofar as applicant no. 1 is concerned, learned counsel for the applicants submits that the applicant no. 1 has been falsely implicated in the instant case. As per the first information report, the applicant no. 1 along with seven named co-accused on 16.07.2025 at 6.30 a.m. abused and threatened the ladies of the informant's house. It is contended that a vague and general role has been assigned to the applicant no. 1. No role of assault has been assigned to the applicant no. 1. The case of the applicant no. 1 is clearly distinguishable from that of other co-accused. At this stage there is no credible evidence to link the applicant no. 1 with the offence. The applicant no. 1 is a lady and has no criminal antecedents. The investigation is still pending and the applicant no. 1 has apprehension of her arrest in the above case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Sheetala Prasad Pandey Counsel for Opposite Party(s) : G.A. Sunita Pathak .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant no. 1, and, in particular, the fact that a vague and general role has been assigned to the applicant no. 1; the applicant no. 1 has not been nominated as the offender who assaulted the injured; and, at this stage there is no substantive evidence to link the applicant no. 1 with the offence, without commenting on merits of the case, I am of the opinion that the applicant no.
1 is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant no. 1- Sunita Pathak 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 no. 1 shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (ii) The applicant no. 1 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 them from disclosing such facts to the court or to any police officer. (iii) The applicant no. 1 shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant no. 1 shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant no. 1 shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant no. 1 shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 351 BNSS. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. NABAIL No. 7672 of 2025 2
9. The application stands disposed of. September 18, 2025 SKT/- NABAIL No. 7672 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad