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Allahabad High Court

GEETAversusSTATE OF U.P. AND ANOTHER

Decided

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

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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