Priya Awasthi vs the State of U.P. Thru. Addl. Chief… — Anticipatory Bail | Allahabad HC (2025)

Priya Awasthi vs the State of U.P. Thru. Addl. Chief… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail protection granted: applicant to surrender before the court below within 10 days from receipt of a certified copy of the order, whereupon the trial court shall enlarge the applicant on anticipatory bail on a personal bond and two sureties of the like amount, subject to conditions (cooperation in trial, no influencing of witnesses, no leaving India without previous permission of the Court); in case of default the trial court may proceed in accordance with law; objections/counter affidavit permitted from learned A.G.A.; matter listed on 8.8.2025.

Issue for consideration

Whether the applicant is entitled to anticipatory bail despite the bar under section 18 of the SC/ST Act, given that no specific allegation is made against her in the FIR and the charge sheet was filed only under section 3(2)(va) SC/ST Act read with section 506 IPC (none under section 3(1)).

Court's answer

Considering the absence of any specific allegation against the applicant, that the applicant is a lady, and without entering into the merits of the case, the Court held it appropriate to grant protection to the applicant.

Ratio / Principle

As an interim measure, the applicant shall surrender before the court below within 10 days from receipt of a certified copy of the order.

Key takeaways

On surrender, the trial court shall enlarge the applicant on anticipatory bail upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.ratio¶14
Conditions imposed: the applicant shall cooperate in the trial, shall not influence witnesses, and shall not leave India without previous permission of the Court.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 10.7.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 829 of 2025 (Priya Awasthi v. State of U.P. and 3 others): Applicant sought anticipatory bail in case crime No.0079 of 2025, P.S. Gomtinagar, Lucknow, under sections 506 IPC and 3(2)(va) SC/ST Act. Counsel submitted that no specific allegation was made against the applicant in the FIR, that the charge sheet was filed only under section 3(2), (Va) SC/ST Act read with section 506 IPC and none under section 3(1), so the bar under section 18 SC/ST Act was not attracted, relying on Shajan Skaria v. State of Kerala (Supreme Court, Criminal Appeal No.2622 of 2024). Without entering into the merits, and considering the lack of specific allegation and that the applicant is a lady, the Court granted interim protection: surrender before the court below within 10 days of receipt of a certified copy of the order, whereupon the trial court to enlarge the applicant on anticipatory bail on a personal bond and two sureties of the like amount, with conditions of cooperation in trial, non-influencing of witnesses and no departure from India without previous permission; trial court free to impose further conditions; default entitles trial court to proceed per law; A.G.A. at liberty to file objections/counter affidavit; listed for 8.8.2025.

Court No. - 14

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 829 of 2025

Applicant :- Priya Awasthi

Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others

Counsel for Applicant :- Veer Bahadur Lal Srivasta,Alok Kumar Mishra,Raj Mishra Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0079 of 2025 under sections 506 I.P.C., 3(2)(va) SC/ST Act, P.S. Gomtinagar, district Lucknow.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. Learned counsel for the applicant submits that the applicant is a lady having no criminal antecedent. In the entire first information report, there is no specific allegation against the applicant. Charge sheet against the applicant has been filed only under section 3(2), (Va) SC/ST Act read with section 506 I.P.C.. No such charge sheet under section 3(1) has been filed against the applicant. Therefore, specific bar under section 18 of SC/ST Act will not be attracted. In support of his contention, learned counsel has relied on a judgment of Supreme Court in Criminal Appeal No.2622 of 2024 Shajan Skaria versus State of Kerala and another.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.

Issue notice to respondent No.2.

5. Considering the above aspects of the matter, perusal of the record, lack of specific allegation against the accused applicant, the applicant is a lady, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

6. It is provided as an interim measure that the applicant shall surrender before the Court below within 10 days from receipt of a certified copy of this order. On his surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.

7. In case of default, it would be open for the trial court to proceed in accordance with law.

8. List on 8.8.2025. In the meantime, learned A.G.A. may filed objections/counter affidavit.

Order Date :- 10.7.2025 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench