Allahabad High Court
GEETAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that the applicant’s lack of criminal antecedents and the prima facie evidence of enmity warranted granting anticipatory bail with conditions.
Summary
The High Court considered an anticipatory bail application filed by Geeta in a case involving alleged offences under Sections 115(2), 352, 110 and 117(2) of the IPC. The applicant claimed the FIR was false and stemmed from a petty dispute, emphasizing her clean criminal record and willingness to cooperate with the investigation. The State argued that the applicant, along with co‑accused, had brutally assaulted three persons, causing grievous injuries. After weighing the facts, the Court noted the presence of prior enmity and the applicant’s distinct position from the co‑accused, and, without opining on the merits, decided to grant anticipatory bail with standard conditions. The order directed that if arrested, the applicant be released on personal bond and surety, subject to compliance with the stipulated conditions.
Issues considered
- Whether the applicant is entitled to anticipatory bail under the relevant provisions despite the seriousness of the alleged offences.
- Whether the alleged injuries and alleged participation in the assault justify denial of bail.
- Whether the claim of a false FIR and the applicant’s lack of criminal antecedents affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 110, 115(2), 117(2), 352
Subjects
- anticipatory bail
- false FIR
- IPC sections
- CrPC Section 438
- CrPC Section 482
- gender considerations
- injury
- high court bail order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10306 of 2026
Geeta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Singh, Vinay Kumar Jaiswal
Counsel for Opposite Party(s) : Anand Pal Singh, G.A., Harish Chandra
Singh
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Sri Vinay Kumar Jaiswal, the Learned counsel for the applicant,
Sri Anand Pal Singh, the Learned counsel appearing for the informant, 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 No.7931 of 2026, arising out of Case Crime No.44 of
2026, under Sections 115(2), 352, 110, 117(2) B.N.S., P.S.- Ahirauli
Bazar, District- Kushinagar, 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 contends that a petty dispute has led
to the lodging of the false First Information Report implicating the
applicant. None of the injured have received any injury which may be
dangerous to life. Learned counsel has further submitted that the applicant
is a lady having no criminal antecedents. She was not arrested during
investigation and would join the trial, if any, and assist in its expeditious
disposal.
4. Learned counsel for the informant and the Learned A.G.A. have
opposed the prayer for grant of anticipatory bail and have contended that
NABAIL No. 10306 of 2026
2
three persons have been brutally assaulted by the applicant and the other
co-accused. The injuries correspond to the weapons assigned. There was
no provocation. Deepika has received a fracture on the left hand. The
injuries are grievous in nature and other injuries have been found on the
vital part of the body of the injured. No indulgence may be granted and
the anticipatory bail 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. The applicant is a lady having no criminal antecedents. In the prima
facie view of the Court, taking note of the number of injured and the
injuries sustained by the injured, the case of the applicant stands on a
separate footing to that of the co-accused. There appears to be previous
enmity between the parties and the implication of the applicant who is a
lady may be on account of this enmity.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on 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 Geeta, 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
following conditions:-
i. the applicant shall make herself available for interrogation by a police
officer as and when required;
NABAIL No. 10306 of 2026
3
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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