Urmila Devi (W/O Ramroop Name Not Known in F.I.R.) Vs State of U.P. Thru. Prin. Secy. Home Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1118 of 2025

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Urmila Devi (W/O Ramroop Name Not Known In F.I.R.)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko.

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.....Opposite Party(s)

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Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Ashish Kumar Singh, learned counsel appearing on behalf of the applicant as well as Shri Ayush Sharma, learned State Counsel.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.60 of 2025 under Sections 191, 115(2), 110, 352 of B.N.S. registered at Police Station- Kotwali Dehat, District- Gonda.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2025 against 7 persons, including the applicant and her family members, stating that because of an old animosity regarding a property and some litigation in support thereof, all the accused persons had assaulted the informant and his family members at about 04:30 PM on 15.02.2025. The FIR states that a video of the incident is available with the informant.

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In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 68 years old lady, having no criminal history and she has been falsely been implicated in the present case.

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The learned State counsel has opposed the prayer for anticipatory bail and on the basis of instructions, he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 20.03.2025. However, he has stated that the charge-sheet does not make any mention of any video of the incident provided by the informant. He further

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submitted that four persons have received numerous injuries in the incident and some of which are grievous in nature. However, he could not dispute the fact that no specific role has been assigned to the applicant in the FIR or in any of the statements and the video of the incident mentioned in the FIR could not be provided to the Investigating Officer.

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Co-accused persons, namley, Swati and Pushpa @ Pushpa Pandey have been granted anticpatorybail by means of orders dated 06.08.2025 and 25.08.2025 passed by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 970 of 2025 and 1082 of 2025, respectively. The other co-accused person, namely, Monika has been granted anticipatory bail by means of an order dated 27.08.2025 passed by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1103 of 2025.

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Having considered the aforesaid facts coupled with the fact that all the offences alleged in the present case are punishable with imprisonment up to seven years, the applicant is a 68 years old woman having no criminal history and no specific allegations have been levelled against her and three co-accused persons have already been granted anticipatory bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Urmila Devi before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court :

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(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

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(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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission

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of the court.

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness.