Lady Constable, Anu Rani vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Lady Constable, Anu Rani vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail till the submission of police report under Section 193(3) B.N.S.S.: release on arrest on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned, subject to conditions (availability for interrogation; no inducement/threat/promise to dissuade disclosure; no leaving India without previous permission with passport deposited before S.S.P./S.P.), with liberty to the Investigating Officer to apply for cancellation on default; Investigating Officer to conclude investigation preferably within three months independently of this Court's observations; applicant to furnish order copy to S.S.P./S.P. within ten days.

Issue for consideration

Whether the applicant, Lady Constable Anu Rani, alleged to have been falsely implicated in Case Crime No. 598 of 2024 (Sections 108, 238(C), 127(2) and 3(5) B.N.S., P.S. Shamli, Dist. Shamli), is entitled to anticipatory bail, confined till the submission of police report.

Court's answer

Having regard to the counsel's submissions, the nature of accusations and antecedents of the applicant, and in particular that as per the allegations in the FIR the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out, and without commenting on merits, the applicant is held entitled to be enlarged on anticipatory bail till the submission of police report.

Ratio / Principle

In the event of arrest, the applicant Anu Rani is to be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the Station House Officer concerned.

Key takeaways

Anticipatory bail granted subject to conditions: (i) availability for interrogation by a police officer as and when required; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police officer; (iii) no departure from India without previous permission of the Court and deposit of passport, if any, before the S.S.P./S.P. concerned; and on default of any condition the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail.ratio¶15
Investigating Officer directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within three months from the date of production of a copy of the order, independently and without being prejudiced by any observation made by this Court while deciding the anticipatory bail application.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail application under Section 482 B.N.S.S. (No. 1222 of 2025) filed by Lady Constable Anu Rani, opposite party State of U.P. and Another, was disposed of by the High Court of Judicature at Allahabad (Vivek Varma, J.) on 18.2.2025 (neutral citation 2025:AHC:22988). The applicant sought bail in Case Crime No. 598 of 2024, under Sections 108, 238(C), 127(2) and 3(5) B.N.S., Police Station Shamli, District Shamli, pleading false implication and submitting that, per the FIR allegations, the necessary ingredients of the Section 108 B.N.S. offence are not made out and that she in no manner abetted the commission of suicide; counsel relied on Apex Court judgments in Mahendra Awase v. State of M.P. (Criminal Appeal No. 221 of 2025, 17.01.2025) and Laxmi Das v. State of W.B. (Criminal Appeal No. 706 of 2017, 21.01.2025) and stated she has no criminal antecedents; the learned A.G.A. opposed but could not satisfactorily dispute the submissions from the record. Holding that the ingredients of the Section 108 B.N.S. offence were, as per the FIR allegations, not made out, and without commenting on merits, the Court held the applicant entitled to anticipatory bail confined to the period till submission of police report under Section 193(3) B.N.S.S.: in the event of arrest, release on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the SHO's satisfaction, subject to conditions of availability for interrogation, abstention from inducement, threat or promise, and no departure from India without previous permission with passport deposited before the S.S.P./S.P.; on default of any condition the Investigating Officer may seek cancellation. The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months, independently and without being prejudiced by the Court's observations, and the applicant to produce the order before the S.S.P./S.P. within ten days for compliance.

Neutral Citation No. - 2025:AHC:22988

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1222 of 2025

Applicant :- Lady Constable, Anu Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record.

This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 598 of 2024, under Sections 108, 238(C), 127(2) and 3(5) B.N.S., Police Station Shamli, District Shamli.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Mahendra Awase v. The State of Madhya Pradesh, Criminal Appeal No. 221 of 2025, dated 17.01.2025, and Laxmi Das v. The State of West Bengal and others, Criminal Appeal No. 706 of 2017, dated 21.01.2025 . The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case.

Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not

made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicant- Anu Rani be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

(i) The applicant shall make herself 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 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 and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

The application stands disposed of.

Order Date :- 18.2.2025 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad