Sunita Gautam @ Nasreen vs the State of U.P. Thru. Its… — Anticipatory Bail | Allahabad HC (2026)

Sunita Gautam @ Nasreen vs the State of U.P. Thru. Its… — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicant to surrender before the concerned court within 10 days of receipt of a certified copy of the order and, on surrender, to be released on anticipatory bail on furnishing a personal bond and two sureties (out of which one should be of family member/close relative) of the like amount to the satisfaction of the trial court, subject to conditions of cooperation in trial, non-influencing of witnesses and no departure from India without previous permission of the Court.

Issue for consideration

Whether the applicant, named in case crime No.105 of 2025 under section 137(2) and Secton 3(2)(va) of SC/ST Act, P.S. Manikpur, district Pratapgarh, is entitled to anticipatory bail under Section 482 BNSS.

Court's answer

The anticipatory bail application is allowed on the ground of parity, the co-accused (Imtiayaar) having already been released on bail, and the Court so decided without entering into the merits of the case.

Ratio / Principle

The applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of the order, and on such surrender shall be released on anticipatory bail on furnishing a personal bond and two sureties (one of whom should be a family member/close relative) of the like amount to the satisfaction of the trial court.

Key takeaways

Conditions imposed: the applicant shall cooperate in the trial, shall not influence the witnesses, and shall not leave India without previous permission of the Court; the trial court may impose any other condition it deems fit and proper, and in case of default may proceed in accordance with law.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS allowed to the applicant (Sunita Gautam @ Nasreen) in case crime No.105 of 2025 under section 137(2) and Section 3(2)(va) of the SC/ST Act, P.S. Manikpur, district Pratapgarh, principally on the ground of parity, the co-accused Imtiayaar having already been enlarged on bail by the same Court vide order dated 28.11.2025 in Criminal Misc. Bail Application Nos. 11752 of 2025; the Court so held without entering into the merits of the case. Directions: surrender before the concerned court within 10 days of receipt of a certified copy of the order; release on anticipatory bail on a personal bond and two sureties (one a family member/close relative) of the like amount to the satisfaction of the trial court; applicant to cooperate in the trial, not influence the witnesses, and not leave India without previous permission of the Court; trial court free to impose further conditions and, on default, to proceed in accordance with law. Single Judge: Saurabh Lavania, J. Decided February 6, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 120 of 2026

Sunita Gautam @ Nasreen

.....Applicant(s)

Versus

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

.....Opposite Party(s) Counsel for Applicant(s) : Brij Bhushan Singh, Pranjal Apurva, Sandeep Kumar Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

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

The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.105 of 2025 under section 137(2) and Secton 3(2)(va) of SC/ST Act, P.S.Manikpur, district Pratapgarh.

3.While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

He further stated that co-accused namely Imtiayaar has already been enlarged on bail by this Court vide order dated 28.11.2025 passed in Criminal Misc. Bail Application Nos. 11752 of 2025. Copy of bail order of co-accused has been annexed as Annexure No. 12 to the bail application. In these circumstances, the applicant is also entitled to be released on bail on the ground of parity.

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

Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the

NABAIL No. 120 of 2026

2

application and also the material available on record and also the fact that co-accused person named above has already been released on bail and without entering into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on their furnishing a personal bond and two sureties (out of which one should be of family member/close relative) 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.

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

The application is allowed accordingly.

(Saurabh Lavania,J.)

February 6, 2026 Preeti

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench