Deepali Srivastava Jaujari @ Deepali Johrhi vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

As per office report dated 16.01.2026, the service of notice upon the opposite party No.2 is sufficient and this Court on 09.02.2026 observed that "It is made clear that on the next date of listing, the case would not be adjourned on account of non-appearance of learned counsel for the applicant and appropriate orders would be passed in the first call." However, when the case is taken up, none appeared to oppose the anticipatory bail application. In these circumstances, the Court proceeded to decide the case finally.

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

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The present anticipatory bail application has been filed by the applicant in relation to Case Crime No.0316/2025, under Section 103 (1) of BNS, 2023, Police Station - Banthra, District - Lucknow.

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Vide order dated 16.12.2025, this Court had protected the interest of the applicant. The order dated 16.12.2025, referred, reads as under : -

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"1. Heard learned counsel for the applicant, learned AGA appearing on behalf of State-opposite party no.1 and perused the record.

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2. The present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking anticipatory bail apprehending arrest in FIR No.316 of 2025, under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, Police Station Banthara, District Lucknow.

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3. Supplementary affidavit filed today is taken on record.

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NABAIL No. 2001 of 2025

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2

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4. Learned counsel for the applicant submits that marriage of the son of the complainant was performed with one Neha in the year 2008 and he committed suicide by hanging. Applicant is married sister-in-law of the deceased. Counsel for the applicant has invited the attention of the Court towards the post-mortem report, which indicates that there is no external and internal injury found on the person of the deceased except the ligature mark, which was caused due to hanging and the cause of death is due to hanging. It is submitted that applicant is a lady and she has been falsely implicated in the case. There is no criminal history of the applicant. He, therefore, submits that some protection may be granted to the applicant.

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5. Issue notice to opposite party no.2.

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6. Steps to be taken within a week.

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7. List in the third week of January, 2026.

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8. In the meantime, as an interim measure, it is provided that in the event of arrest, the applicant Deepali Srivastava Jauhari @ Deepali Johri shall be released on interim bail till submission of the charge-sheet in pursuance of the aforesaid FIR in question, on her furnishing a personal bond of Rs.5,000/- to the satisfaction of the Station House Officer concerned with the following conditions:

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(i) That accused-applicant shall make herself available for interrogation by police authorities as and when required and will cooperate with the investigation;

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(ii) That accused-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 her from disclosing such facts to the court or to any police officer; and

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(iii) That accused-applicant shall not leave India without the previous permission of the Court.

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9. In the meantime, counter affidavit may be filed by the opposite parties."

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The learned counsel appearing for the prosecution could not demonstrate from the record that there is any adversarial facts which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after considering the merits of the case. The learned counsel for the prosecution also could not point out any fact based upon which it can be inferred that the applicant has not cooperated with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant - Deepali Srivastava Jauhari @ Deepali Johri till disposal of the trial, subject to the following conditions:-

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NABAIL No. 2001 of 2025

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3

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/intimidate the prosecution witness.

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In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

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February 24, 2026 ML/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Deepali Srivastava Jaujari @ Deepali Johrhi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

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Deepali Srivastava Jaujari @ Deepali Johrhi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

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