Sunita Devi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 391 of 2026

Sunita Devi

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Anil Kumar Awasthi Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE MANISH KUMAR, J.

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As per the office report dated 16.03.2026, notice has been served personally upon opposite party no. 2.

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This court, on 18.03.2026, passed the following order:-

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" 1. Counter affidavit filed by the learned AGA in the Court today is taken on record.

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2. Case called out. No one appeared on behalf of the side opposite to oppose the instant bail application despite service of notice, as appears from the letter of Chief Judicial Magistrate, Lakhimpur Kheri dated 16.03.2026.

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3. In the interest of justice, the case is adjourned today.

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4. List/put up this case on 24.03.2026 within top 20 cases.

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5. Interim protection granted by this Court earlier is extended till the next date of listing.

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6. It is made clear that on the next dates of listing, the case would not be adjourned on any ground including the illness and appropriate orders, which includes adversarial order to the opposite party No. 2/informant, would be passed in first call even in absence of informant's counsel. "

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Today also, when the case has been taken up, no one has put in appearance on behalf of the opposite party no. 2 by filing his Vakalatnama.

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The present application has been filed under Section 482 of BNSS seeking anticipatory bail apprehending arrest in FIR/Case Crime No. 246 of 2025,

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NABAIL No. 391 of 2026

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under Sections 80(2), 85 BNS (old Sections 304-B and 498-A I.P.C) and Section 3/4 D.P Act, Police Station B.K.T, District Lucknow.

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Learned counsel for the applicant has submitted that this Court has granted ad-interim anticipatory bail to the applicant by passing order dated 26.02.2026, for convenience, the order is quoted hereinbelow:-

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" 1. Heard.

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2. The present anticipatory bail application has been filed by the applicant in relation to FIR/Case Crime No. 246 of 2025, under Sections 85, 80(2), Bharatiya Nyaya Sanhita, 2023 (in short "B.N.S.") and 3/4 D.P. Act, Police Station-B.K.T., District-Lucknow.

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3. For the purposes of protecting the interest of present applicant, this Court considered the facts of the case as indicated, including the following:-

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(i) The marriage of co-accused Deepak Kumar Verma alias Deepak Vishwakarma, son of the present applicant namely Sunita Devi, was solemnized with the deceased/Shivani (daughter of the informant) on 12.12.2024 as per Hindu rights and rituals;

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(ii) The deceased after solemnizing marriage was living separately with her husband in the premises situated within the jurisidiction P.S.- B.K.T., DistrictLucknow;

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(iii) The applicant was/is the resident of Police Station-Nighasan, District-Kheri;

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(iv) On 15.06.2025 Shivani (deceased) wife of the son of the applicant, committed suicide, as stated based on the postmortem report according to which cause of death is 'Asphyxia' due to 'Antimortem Hanging';

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(v) The co-accused/Deepak Kumar Verma alias Deepak Vishwakarma (husband of the deceased), has already been granted regular bail by this Court vide order dated 18.11.2025 passed in Criminal Misc. Bail Application No. 11203 of 2025;

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(vi) The charge-sheet has been submitted before the competent court of jurisdiction and during investigation the applicant was not apprehended in compliance of order of Division Bench of this Court passed in Criminal Misc. Writ Petition No. 7110 of 2025 dated 22.08.2025;

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4. This Court also considered the law laid down by the Hon'ble Apex Court in the case of Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116.

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5. Upon due consideration, this Court finds that the applicant is entitled to interim

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NABAIL No. 391 of 2026

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protection.

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6. Accordingly, as an interim measure, it is provided that in the event of arrest, the accused-applicant- Sunita Devi be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties, one shall be the family member/close relative of the accused-applicant each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:-

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

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

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

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7. Issue notice returnable at at early date. Steps in this regard be taken within seven working days.

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8. List/put up this application on 17.03.2026 within twenty cases.

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9. Learned AGA is directed to file an affidavit in response to this application annexing therewith the proof of service of notice upon the side opposite through concerned police officer before this Court when the case is listed next. "

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On the other hand, learned A.G.A, on the basis of the counter affidavit filed on behalf of the State, has submitted that nothing new has been brought on record which may controvert the grounds on which ad-interim anticipatory bail was granted to the applicant by this Court.

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Upon due consideration of the submission made by learned counsel for the parties, the ad-interim bail granted to the applicant is hereby confirmed and the present anticipatory bail application is allowed in terms of order dated 26.02.2026 while extending anticipatory bail to the applicant - Sunita Devi till disposal of the trial, the applicant shall appear before the court concerned and furnish bail bonds and sureties to the satisfaction of the trial/concerned Court/ Investigating Officer, subject to the following conditions :-

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(i) that the applicant shall make herself available for interrogation by a police officer as and when required and shall not abscond;

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NABAIL No. 391 of 2026

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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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