Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 10762 (ALL)

SMT RAJVATI v. STATE OF U.P. AND ANOTHER

NABAIL/10037/2026 · 2026-09-30

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10037 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 319 of 2025, under Sections 191(2), 191(3), 121(1), 109, 352, 351(3), 125, 324(3), 190, 309(4) and 62 of the B.N.S., 2023 and Sections 2/3 of the Prevention of Damage to Public Property Act, Police Station – Milak, District Rampur, with a prayer to enlarge her on anticipatory bail, as the applicant apprehends her arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the applicant is a lady. She has been falsely implicated in the present case. She has no criminal antecedents. A General role has been given to her. The allegations are that one Rampal had called up the emergency number 112, on which the police is said to have arrived at the spot. The persons present at the spot misbehaved with the police and then also assaulted the police personnel and destroyed the police vehicles. Learned counsel has stated that there was a dispute amongst two parties. The applicant does not belong to either of the parties and has been falsely implicated in the case due to village party bandi. 4. The Learned A.G.A. has opposed the prayer for bail and has contended that there is a video also available with the police and in the said video the complainant Rampal has identified the applicant as one of the accused who were present and pelting stones in the incident. Learned A.G.A. does Versus Counsel for Applicant(s) : Kuldeep Johri Counsel for Opposite Party(s) : G.A. Smt Rajvati .....Applicant(s) State of U.P. and Another .....Opposite Party(s) not dispute the fact that the applicant has no criminal antecedents. 5. I have considered the submissions made by the Learned counsel for the parties. 6. The applicant is a lady. No specific role has been assigned to the applicant. The identification of the applicant on the basis of the video has been done by Rampal who is an interested witness. None of the police personnel have received any injury which may be categorized to be dangerous to life. The FIR has been lodged by the police personnel and even in the FIR, the identity of the assailants has been fixed on the information given by Rampal. 7. Taking note of the entire facts and circumstances of the case, especially the fact that the applicant is a lady, I deem it appropriate to enlarge the applicant on anticipatory bail. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Smt. Rajvati, involved in the aforesaid case crime, he shall be released on anticipatory bail, on her furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned, with the following conditions:- i. The applicant shall make himself 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 him 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; iv. The applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be NABAIL No. 10037 of 2026 2 considered to be an opinion on the merits of the case. October 1, 2026 Kushal NABAIL No. 10037 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad