Allahabad High Court
Smt. Kumkum Soni vs State Of U.P. Thru. Prin. Secy. And ... on 21 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:49224
Court No. - 13
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 511 of 2025
Applicant :- Smt. Kumkum Soni
Opposite Party :- State Of U.P. Thru. Prin. Secy. And Another
Counsel for Applicant :- Anand Dubey,Vibhanshu Shekhar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Anand Dubey, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.
2. On 09.05.2025 the applicant was granted interim anticipatory bail by this court by means of following order:-
"Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1.
Issue notice to opposite party No.2
First anticipatory bail application has been filed with regard to case crime No. 51 of 2021 under Section 147, 323, 504, 308 IPC, P.S. Ram Janm Bhumi, District Ayodhya.
As per contents of F.I.R., the incident is said to have taken place on 16th July, 2021 at about 6.30 P.M. alongwith co-accused are said to have attacked and inflicted serious injuries upon the wife of informant.
It is submitted that applicant has been falsely implicated in the charges levelled against her which would be evident from the statement of injured which does not indicate any specific role of applicant for inflicting any injury upon the injured. It is submitted that even the medical report does not corroborate allegations of any injury being suffered. It is submitted that applicant had cooperated during course of investigation whereafter charge sheet was filed but subsequently she being unaware of filing of charge sheet, non bailable warrant process under section 82 Cr.P.C. was issued. The applicant undertakes to cooperate during process of trial. It is also submitted that applicant does not have any previous criminal history.
Learned counsel for applicant has also placed reliance on judgment rendered by Supreme Court in the case of Asha Dubey versus State of Madhya Pradesh, Criminal Appeal No. 4564 of 2024 to submit that it has been enunciated that even after process under Section 82 Cr.P.C. has been imitated, an anticipatory bail can be considered on its own merit.
Learned A.G.A. has opposed bail application with submission that allegations levelled in the F.I.R. clearly indicate complicity of applicant and is also corroborated by the statement of injured. It is however admitted that applicant cooperated during course of investigation but subsequently non bailable warrant and processes under Section 82 Cr.P.C. has been initiated,
Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that although allegation of applicant having inflicted injury have been made in the F.I.R., the same do not appear to be corroborated either by the statement of injured or even by the injury report. it is admitted that applicant had cooperated during course of investigation. The aspect of process under section 82 Cr.P.C. has already been enunciated by Supreme Court in the case of Asha Dubey (supra).
Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.
Let the accused-applicant Smt. Kumkum Soni as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
(ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
List this case on 26th May, 2025 as fresh along with service report.
Objections may be filed in the meantime. "
3. The learned counsel for the State has filed a counter affidavit annexing therewith a copy of the charge sheet and the material collected during investigation. The material filed with the counter affidavit has already been filed with the bail application. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
4. The learned counsel for the applicant states that the applicant has already furnished bail bonds.
5. In view of above, the interim order dated 09.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 09.05.2025.
.
(Subhash Vidyarthi, J.)
Order Date :- 21.8.2025/-Amit K-
