Smt. Kaushilya vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Smt. Kaushilya vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted in favour of the applicant, Smt. Kaushilya, during the pendency of trial, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (daily appearance unless exempted; no inducement, threat or promise; no departure from India without permission and deposit of passport with the S.S.P./S.P. concerned); in default of any condition the order automatically stands vacated.

Issue for consideration

Whether anticipatory bail should be granted in favour of the applicant, Smt. Kaushilya, during the pendency of the trial in Case No. 370 of 2022 (sections 366A, 120B I.P.C., P.S. Kotwali, District Basti), following lapse of her earlier anticipatory bail which was valid only till submission of the police report u/s 173(3) Cr.P.C.

Court's answer

Without making any comment on the merits of the case, considering the facts and circumstances, submissions of learned counsel for the applicant and the learned A.G.A., and perusal of the record, there appears ground to grant anticipatory bail in favour of the applicant during the pendency of the trial.

Ratio / Principle

The applicant, Smt. Kaushilya, shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, with specified conditions.

Key takeaways

Condition (i): the applicant shall appear before the learned court everyday when the case is fixed except when exempted.ratio¶14
Condition (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 such person from disclosing those facts to the Court or to any police officer.ratio¶15
Condition (iii): the applicant shall not leave India without the previous permission of the Court and, if she has a passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

Detailed headnote1 paragraphs

Anticipatory bail - U/S 482 BNSS - grant during pendency of trial. Applicant, sister of co-accused Ravi Yadav, not named in the F.I.R. but implicated during investigation, sought fresh anticipatory bail in Case No. 370 of 2022 under sections 366A, 120B I.P.C., P.S. Kotwali, District Basti, after charge sheet was submitted by the police; her earlier anticipatory bail (Criminal Misc. Anticipatory Bail Application No. 4761 of 2023, order dated 22.05.2023) had operated only till submission of the police report u/s 173(3) Cr.P.C., during which period she had cooperated and violated none of its conditions. Without commenting on the merits, the Court found ground to grant anticipatory bail during the pendency of trial, releasing the applicant on a personal bond with two sureties each in the like amount, imposing conditions of daily attendance when the case is fixed (unless exempted), abstention from inducement, threat or promise, no departure from India without prior permission of the Court with deposition of any passport before the S.S.P./S.P. concerned, and stipulating that in default of any condition the order would automatically stand vacated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3727 of 2025

Smt. Kaushilya		.....Applicant(s)
	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Raman Pandey
Counsel for Opposite Party(s)		: G.A.
Court No.- 53

HON'BLE SUBHASH CHANDRA SHARMA, J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This anticipatory bail application has been moved seeking anticipatory bail in Case No.370 of 2022, under sections 366A, 120B I.P.C., Police Station Kotwali, District Basti.

It is submitted by learned counsel for the applicant that she is innocent and has been falsely implicated. In this case, she was not named in the F.I.R. but during investigation her name was brought into light as being sister of the co-accused Ravi Yadav. She is married lady and lives in Telangana. There is no complicity of the present applicant for making kidnap of the victim. It is also submitted that after investigation charge sheet has been submitted by the police and applicant was granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application No.4761 of 2023 vide order dated 22.05.2023 but it was till the submission of police report u/s 173(3) Cr.P.C. It is further submitted that during investigation applicant fully cooperated with the investigation and never violated the conditions of the previous anticipatory bail. Now after submission of charge sheet, it is

NABAIL No. 3727 of 2025

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submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail during the pendency of trial, he would not misuse the liberty of bail and would cooperate with the trial.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any comment on the merits of the case there appears ground to grant anticipatory bail in favour of the applicant during the pendency of trial.

The applicant- Smt. Kaushilya , shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the learned court everyday when case is fixed except exempted;

(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 office;

(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, this order will automatically stand vacated.

October 30, 2025 Ashok Gupta

(Subhash Chandra Sharma,J.)

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad