Allahabad High Court
Arati vs State Of U.P. And 3 Others on 18 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:97351
Court No. - 67
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4260 of 2025
Applicant :- Arati
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Krishna Dutt Awasthi
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.
2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No.287 of 2024, under Sections-363, 366, 368, 120-B IPC & Section-3/4 of POCSO Act, Police Station-Ajitmal, District- Auraiya.
3. Contention of learned counsel for the applicant is that applicant is the mother of the main accused, Abhishek with whom the victim has eloped. It is further submitted that there is no specific allegation against the applicant in the FIR or in the statement of the victim u/s 183 of BNSS. It is further submitted that the main accused, Abhishek has already been released on bail as well as father of Abhishek, Sanju has also been released on anticipatory bail by this court inCRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. - 11012 of 2024 vide order dated 21.11.2024. Applicant being the mother of Abhishek is also entitled to claim parity.
4. Learned AGA has opposed the prayer but could not dispute the aforesaid fact.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicant, she is entitled to get anticipatory bail till submission of chargesheet under Section 193 B.N.S.S. as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. In the event of arrest, the applicant- Arati involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Investigating Officer concerned with the following conditions:-
(i) The applicant shall make herself available for interrogation by a police officer as and when required;
(ii) 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 her from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of the Court;
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation;
(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.
8. With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 18.6.2025
S.Chaurasia
