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2026 DAILYLAW 10958 (ALL)

NIRMALA DEVI v. STATE OF U.P. AND ANOTHER

NABAIL/9813/2026 · 2026-09-27

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. - 9813 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 as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 08 of 2019, under Sections 409, 467, 468, 471, 477A, 120B, 34 I.P.C., Police Station- Varanasi Sector (E.O.W.), District Varanasi, with a prayer to enlarge her on anticipatory bail as the applicant apprehends her arrest in the abovementioned case. 3. The Learned counsel for the applicant has contended that the applicant, at the relevant point of time, was the Block Pramukh of Block Dobhi. The applicant has been falsely implicated in the present case. The FIR relates to an incident of the year 2005 and was lodged quite belated in the year 2019. The investigation has been pending for the past seven years and till date, no charge-sheet has been submitted. Similarly situated co-accused Aliyar Ram, who was the Block Development Officer at the relevant point of time, has been granted anticipatory bail by this Court in NABAIL No. 4019 of 2026. The case of the applicant stands on similar footing. 4. The Learned A.G.A. for the State has opposed the prayer for grant of anticipatory bail but does not dispute the fact that the case of the applicant stands on similar footing and that she has no criminal history. 5. I have considered the submissions made by the Learned counsels for the parties. Versus Counsel for Applicant(s) : Anoop Bhaiya Lal Shukla Counsel for Opposite Party(s) : G.A. Nirmala Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. The co-accused Aliyar Ram has been granted anticipatory bail by this Court. The FIR was lodged with a delay of almost 13 years. The FIR has been lodged against 11 named accused. The investigation has been pending for the past seven years. 7. Taking into account the facts and circumstances of the case, and specifically the fact that similarly situated co-accused Aliyar Ram, who is also named as an accused in the FIR, has been granted anticipatory bail by this Court, I deem it appropriate to enlarge the applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Nirmala Devi, she shall be released forthwith in the aforesaid case crime on anticipatory bail on 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 herself available for interrogation by a police officer as and when required; ii. that 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. that the applicant shall not leave India without the previous permission of the Court; iv. that 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 considered to be an opinion on the merits of the case. September 28, 2026 Junaid NABAIL No. 9813 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad