Allahabad High Court
YADAVATIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant, Yadavati, under Section 482 CrPC.
Summary
The High Court considered an anticipatory bail application filed by Yadavati, a 69‑year‑old woman, under Section 482 CrPC in connection with FIR No.209 of 2026 alleging offences under Sections 191(2), 115(2), 109, 351(3), 333 and 3(5) of the B.N.S., 2023. The applicant was alleged to have used lathis to assault two injured persons, but the injuries were not deemed dangerous to life and she had no prior criminal record. The State opposed bail but did not dispute the factual matrix presented by counsel. The Court noted the possibility of false implication, the applicant’s advanced age, the lack of grievous injury, and the fact that a co‑accused in a similar circumstance had already been granted anticipatory bail. Accordingly, the Court granted anticipatory bail with standard conditions and ordered that any breach could lead to cancellation.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 482 CrPC given the nature of the alleged offences and injuries.
- Whether the possibility of false implication warrants granting bail.
- Whether the applicant’s age, lack of criminal antecedents, and the precedent of bail to a co‑accused justify the relief.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 191(2), 333, 3(5), 351(3)
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- false implication
- injury assessment
- age factor
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10290 of 2026
Yadavati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Avadh Raj Sharma, Rahul Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.209 of 2026, under Sections 191(2), 115(2),
109, 351(3), 333, 3(5) of the B.N.S., 2023, Police Station Kasganj,
District Kasganj, with a prayer to enlarge her on anticipatory bail, as the
applicant apprehends her arrest in the aforesaid case.
3. Learned counsel for the applicant contends that the applicant is an old
woman aged about sixty-nine years. A general role has been assigned to
the applicant of using lathis and sticks to assault the injured who are two
in number. The injured have not received any injury which can be
categorized to be dangerous to life. The applicant has no criminal
antecedents. The co-accused Rukma Devi has been granted anticipatory
bail by this Court in NABAIL No.8452 of 2026. The case of the
applicants stands on a similar footing.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute
the factual submissions made by the Learned counsel for the applicant.
5. I have considered the submissions made by the learned counsel for the
parties.
6. Six persons have been named in the FIR. A perusal of the injury report
NABAIL No. 10290 of 2026
2
of the injured Padma Verma indicates that she has suffered two visible
injuries and similarly injured Sridevi has also suffered two visible
injuries. None of the injuries have been opined to be dangerous to life or
grievous in nature. From the number of injuries received by the injured
and the number of accused nominated in the FIR, in the prima facie
opinion of the Court, false implication cannot be ruled out. There appears
to be some dispute amongst family members where the applicant is stated
to be the step mother of the informant. Similarly situated co-accused
Rukma Devi has been granted anticipatory bail by this Court.
7. Taking into consideration the entire facts and circumstances of the
case, as discussed above, I deem it appropriate to enlarge the applicant on
anticipatory bail.
8. The anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicant- Yadavati, involved in the
aforesaid case crime, she shall be released on anticipatory bail, on her
furnishing a personal bond and surety in the like amount to the
satisfaction of the Station House Officer of the police station/Court
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 him 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 pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively
NABAIL No. 10290 of 2026
3
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
October 1, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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