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2025 DAILYLAW 98576 (ALL)

AFSANA v. STATE OF U.P.

NABAIL/7694/2025 · 2025-09-18

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. - 7694 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 117 of 2025, under sections 109(1), 115(2), 352 and 351(2) of B.N.S., Police Station- Nagina Dehat, District- Bijnor. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with the co-accused Zahid is alleged to have assaulted the informant. As per the medical report as well as supplementary medical report dated 26.07.2025, the injuries sustained by the injured were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is a lady and has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. Versus Counsel for Applicant(s) : Deepak Kumar Counsel for Opposite Party(s) : G.A. Afsana .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has 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 medical report as well as supplementary medical report dated 26.07.2025, the injuries sustained by the injured were simple in nature, the nature of injuries shows that there was no intent to murder, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Afsana, 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 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 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 her from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant 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. NABAIL No. 7694 of 2025 2 (vi) The applicant 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 of B.N.S.S. 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. September 19, 2025 Sachin Mishra NABAIL No. 7694 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad