Nidhi Devi Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Nidhi Devi Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Nidhi Devi in Case Crime No.14 of 2025; in the event of arrest she is to be released during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the six conditions imposed by the court; the application stands disposed of.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS should be granted to the applicant, Nidhi Devi, in respect of Case Crime No.14 of 2025 (sections 137(2), 87, 61 B.N.S, P.S. Ghazipur, District Fatehpur). +1 more

Court's answer

Having regard to the submissions made by counsel for the applicant, the nature of accusations, antecedents of the applicant, and in particular that the applicant was not named in the first information report, that her name was disclosed in the victim's statement under Section 183 B.N.S.S., and that the victim's statements under Sections 180 and 183 B.N.S.S. contradict each other, the applicant is entitled to be enlarged on anticipatory bail, without commenting on the merits of the case.

Ratio / Principle

In the event of arrest, the applicant Nidhi Devi is to be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: co-operation with the Investigating Officer and reporting as required; no direct or indirect inducement, threat or promise to dissuade any person from disclosing facts; no leaving the country during trial without prior permission; surrender of her passport forthwith, to remain in court custody; filing an undertaking not to seek adjournments when witnesses are present; and remaining personally present at opening of the case, framing of charge and recording of statement under Section 351 B.N.S.S./313 Cr.P.C., failing compliance whereof the court concerned may enforce the conditions.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS — High Court of Judicature at Allahabad (Court No. 69), Hon'ble Vivek Varma, J. (order dated 29.4.2025): Criminal Misc. Anticipatory Bail Application No. 3035 of 2025 of Nidhi Devi in Case Crime No.14 of 2025 under sections 137(2), 87, 61 B.N.S, P.S. Ghazipur, District Fatehpur disposed of with anticipatory bail granted. Grounds relied on: applicant not named in the first information report; her name disclosed in the victim's statement under Section 183 B.N.S.S.; contradictions between the victim's statements under Sections 180 and 183 B.N.S.S. (voluntary travel with co-accused Anuj via Fatehpur, Maihar, Jhansi to Ludhiana versus a contrary version); ossification test report indicating the victim's age as 18 years; conduct of the victim suggesting consent; applicant a lady with no criminal antecedents; learned AGA unable to satisfactorily dispute the submissions from the record. In the event of arrest, release during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, under six conditions (co-operation with and reporting to the Investigating Officer; no inducement, threat or promise; no leaving the country without prior permission; surrender of passport to the court's custody; undertaking against seeking adjournments; personal presence at opening of the case, framing of charge and recording of statement under S.351 B.N.S.S./313 Cr.P.C.). Court expressly declined to comment on the merits of the case.