Allahabad High Court
PRAMILAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, due to cross‑versions, absence of injury evidence against the applicant, and her status as a lady, anticipatory bail should be granted.
Summary
The High Court considered an anticipatory bail application filed by Pramila, who feared arrest in a case (Crime No. 197 of 2026) involving alleged assault under IPC sections 351(3), 352, 109 and 115(2). The applicant claimed she was falsely implicated, noting that the FIR did not mention injuries to her and that only an injury report for the informant Sandhya Devi was on record, with no medical report for Pramila. The State opposed the bail, asserting that Pramila was the named accused and that Sandhya had suffered a forearm fracture. The Court observed inconsistencies in the versions, the absence of any injury report against Pramila, and the fact that she is a lady and homemaker, and therefore found merit in granting bail. Consequently, the anticipatory bail was allowed subject to standard conditions, including cooperation with police and no intimidation of witnesses.
Issues considered
- Whether the applicant, Pramila, is entitled to anticipatory bail despite being named in the FIR for alleged assault.
- Whether the lack of medical evidence of injury to the applicant justifies granting anticipatory bail.
- Whether the applicant’s status as a lady and homemaker influences the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115(2), 351(3), 352
Subjects
- anticipatory bail
- false implication
- IPC sections 351, 352, 109, 115
- cross versions
- lady accused
- injury report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10296 of 2026
Pramila
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kuldeep Kumar Dube
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.197 of 2026, under Sections 351(3), 352, 109,
115(2) B.N.S., P.S.- Tejibazar, District- Jaunpur, with a prayer to enlarge
her on anticipatory bail as the applicant apprehends her arrest in the
above-mentioned case.
3. Learned counsel for the applicant has contended that the applicant is a
lady and has been falsely implicated in the present case. The F.I.R. has
been lodged with the allegation that the named accused assaulted the
injured who is the mother-in-law of the informant. There is no medical
examination report of the mother-in-law of the informant on the record.
Later, an improvement was made that the informant and her mother-in-
law were both assaulted by the accused and an injury report of the
informant Sandhya Devi has been prepared which shows four injuries.
None of the injuries have been opined to be dangerous to life. Learned
counsel has further submitted that there are cross versions and Case
Crime No. 198 of 2026 has been registered by the applicant against the
NABAIL No. 10296 of 2026
2
injured Sandhya, the informant of the present case and five other named
accused. The investigation is pending and the applicant is being
pressurised by the police on account of the fact that she is a lady and a
homemaker.
4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has contended that the applicant is the nominated accused. The
injured Sandhya Devi has received a fracture in the right forearm. No
indulgence may be granted to her and this application may be dismissed.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. There appear to be cross versions of the incident. The applicant is a
lady. The F.I.R. does not speak of the injured Sandhya Devi receiving any
injuries in the occurrence. From the perusal of the bail rejection order, it
appears that the injury report of Sandhya Devi alone is on the record and
no injury report of Asha is available. On a pointed query made to the
Learned A.G.A., he has also not been able to point out any injury report
of Asha who has been shown as one of the injured.
7. Taking note of the entire facts and circumstances of the case, especially
the fact that the applicant is a lady, I deem it appropriate to grant
anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant
is allowed.
9. In the event of the arrest of the applicant Pramila, she shall be released
forthwith in the aforesaid case crime on anticipatory bail on furnishing a
personal bond and surety each in the like amount to the satisfaction of the
Station House Officer of the police station/Court concerned with the
NABAIL No. 10296 of 2026
3
following conditions:-
i. the applicant shall make herself available for interrogation by a police
officer as and when required;
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 her from disclosing such facts to the Court or to any police
officer;
iii. that the applicant shall not leave India without the previous permission
of the Court;
iv. that 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
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
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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