Smt. Maya Alias Lalani Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Smt. Maya Alias Lalani Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail relief refused (not pressed on merits); alternative prayer allowed - applicant directed to surrender within two weeks and apply for regular bail, to be decided expeditiously per Satender Kumar Antil v. CBI; interim protection from arrest for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the applicant (Smt. Maya Alias Lalani) is entitled to anticipatory bail in Case Crime No. 390 of 2024 under Sections 85, 80, 238 B.N.S. and 3/4 of D.P. Act, Police Station Katghar, District Moradabad.

Court's answer

Learned counsel for the applicant did not press the anticipatory bail prayer on merits; accordingly, the relief sought through the application was refused.

Ratio / Principle

On the alternative prayer, if the applicant surrenders before the concerned court below within two weeks and applies for regular bail, her bail application shall be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and Another (2021 SCC OnLine SC 922).

Key takeaways

For a period of two weeks from the date of the order, or until the applicant surrenders before the concerned court below (whichever is earlier), the applicant shall not be arrested in this case.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS (Case Crime No. 390 of 2024, Sections 85, 80, 238 B.N.S. and 3/4 D.P. Act, P.S. Katghar, District Moradabad): counsel for the applicant did not press the anticipatory bail prayer on merits; the relief was refused. On the alternative prayer, the court directed that if the applicant surrenders within two weeks and applies for regular bail, the court below shall decide the bail application expeditiously in accordance with Satender Kumar Antil v. Central Bureau of Investigation and Another, 2021 SCC OnLine SC 922. Interim protection: the applicant shall not be arrested for two weeks or until surrender, whichever is earlier. Application disposed of (Hon'ble Ashutosh Srivastava, J.; Order dated 22.1.2025; Neutral Citation 2025:AHC:11335).

Neutral Citation No. - 2025:AHC:11335

Court No. - 68

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10052 of 2024

Applicant :- Smt. Maya Alias Lalani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Sri Mukesh Joshi, learned counsel for the applicant, and Shri Manoj Kumar Singh, learned A.G.A. for the State respondents and perused the record.

The instant anticipatory bail application has been filed on behalf of the applicant with a prayer of grant of anticipatory bail in Case Crime No. 390 of 2024, under Sections 85, 80, 238 B.N.S. and 3/4 of D.P. Act, Police Station-Katghar, DistrictMoradabad.

After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously..

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

Accordingly, the relief as sought by the applicant through this application is refused.

Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned Court below within two weeks from today and applies for regular bail, her bail application shall be decided expeditiously by the court below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922.

For a period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, the applicant shall not be arrested in this case.

With the above observations and directions, this anticipatory bail application stands disposed of .

Order Date :- 22.1.2025

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad