Allowed¶7

Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

Allahabad HC21 Mar 2025ABAIL/1211/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Sections 323, 504, 306 IPC; abetment/Section 107 IPC; suicide of informant's daughter; demand of Rs. 1,40,000/-; Case Crime No. 128 of 2024; P.S. Baddupur, District Barabanki; charge sheet dated 13.06.2024; interim bail order dated 30.05.2024 made absolute; Smt. Laxmi v. State of U.P.; High Court of Judicature at Allahabad, Lucknow Bench; Subhash Vidyarthi, J.; decided 21.3.2025; Neutral Citation 2025:AHC-LKO:16492.

What did the court decide?

Anticipatory bail granted; interim order dated 30.05.2024 made absolute, the applicant having already furnished bail bonds in compliance of the interim order. ¶7

Smt. Laxmi Vs State of U.P. Thru. Prin. Secy. Home Dept… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted; interim order dated 30.05.2024 made absolute, the applicant having already furnished bail bonds in compliance of the interim order.

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Issue for consideration

Whether the applicant (Smt. Laxmi) is entitled to anticipatory bail in F.I.R. bearing Case Crime No. 128 of 2024 under Sections 323, 504, 306 IPC, Police Station Baddupur, District Barabanki. +1 more

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Court's answer

There is no good ground for the Court to take a view different from the view taken while passing the interim order dated 30.05.2024; accordingly the interim order dated 30.05.2024 is made absolute and the anticipatory bail application stands allowed in terms of the interim order.

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Ratio / Principle

From the material available on record, prima facie there is no material to suggest abatement at the instance of the applicant as defined under Section 107 IPC (observation recorded while granting interim anticipatory bail, which the Court thereafter made absolute).

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Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) allowed. F.I.R. Case Crime No. 128 of 2024, Sections 323, 504, 306 IPC, P.S. Baddupur, District Barabanki, lodged 21.04.2024 against applicant Smt. Laxmi, her husband and cousin Ram Naresh, alleging abuse and beating of the informant's daughter (aged about 20) on 20.04.2024 and demand of Rs. 1,40,000/-, whereafter she committed suicide by hanging. Interim anticipatory bail had been granted on 30.05.2024, the Court observing that prima facie there was no material to suggest 'abatement' (abetment) at the applicant's instance as defined under Section 107 IPC. Investigation stood concluded with charge sheet filed on 13.06.2024; opposite party no. 2 was served (office report 15.10.2024) but did not appear; applicant had furnished bail bonds. Holding there was no good ground to take a different view, the Court made the interim order dated 30.05.2024 absolute and allowed the anticipatory bail application (Subhash Vidyarthi, J.; order date 21.3.2025).

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Neutral Citation No. - 2025:AHC-LKO:16492

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1211 of 2024

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Applicant :- Smt. Laxmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Lko. And Another

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Counsel for Applicant :- Ashok Kumar Singh,Vipul Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ashok Kumar Singh, the learned counsel for the applicant as well as Sri Rajiv Kumar Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 128 of 2024, under Sections 323, 504, 306 IPC, Police Station Baddupur, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.04.2024 against the applicant, her husband and her cousin Ram Naresh, stating that all the accused persons had abused and beaten the informant's daughter aged about 20 years, on 20.04.2024. It is stated in the FIR that the applicant and her husband were demanding Rs. 1,40,000/- which was spent in treatment of the informant's wife and in marriage of his daughter Ram Devi. For this reason, the informant's daughter committed suicide by hanging her inside the informant's home at about 12:00 noon on 20.04.2024.

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The applicant was granted interim anticipatory bail by means of an order dated 30.05.2024 and notice was issued to the

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opposite party no. 2 after observing that from the material available on record, prima facie, there is no material to suggest abatement at the instance of the applicant as defined under Section 107 IPC. The office has reported on 15.10.2024 that notice issued to the opposite party no. 2 has been served personally but the opposite party no. 2 has not appeared before the Court to oppose the bail application.

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The learned AGA has informed that investigation stands concluded and a charge sheet has already been submitted on 13.06.2024.

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In view of the aforesaid facts, there is no good ground for this Court to take a view different from the view taken while passing the interim order dated 30.05.2024. The learned counsel for the applicant states that the applicant has already furnished bail bonds in compliance of the interim order.

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In view of the aforesaid facts, the interim order dated 30.05.2024 is made absolute. The anticipatory bail application stands allowed in terms of the aforesaid interim order.

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(Subhash Vidyarthi, J.)

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Order Date :- 21.3.2025 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

Case brief

What is this about?

What did the court decide?

Smt. Laxmi v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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