BHAGAWANI DEVIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4113 of 2026

Bhagawani Devi
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Prabha Upadhyay, Raghvendra Pratap
                                Rajan
Counsel for Opposite Party(s) : Dhirendra Kumar Srivastava, G.A.

Court No. - 71
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri R.P.Rajan, learned counsel for the applicant, Sri Dhirendra
Kumar Srivastava, learned counsel for the informant and Learned AGA
for the State.

2. The present anticipatory bail application under Section 482 of BNSS
has been filed by the applicant with a prayer to release him on
anticipatory bail in Case Crime No.60 of 2024, under Sections 325 and
307 IPC, P.S. Mughalsarai, District Chandauli during pendency of the
trial.

3. It is contended by learned counsel for the applicant that the
accused/applicant has been falsely implicated in the FIR dated 20.02.2024
lodged by the informant with the allegation that on 20.02.2024 at about
7:00 a.m. there was a cross fight between the parties for playing cricket
adjacent to the house of the informant. The playing of cricket was
opposed. In cross fight, both the parties suffered injuries. Five injured
suffered injures from the side of the informant, whereas four persons
suffered injuries from the side of accused/applicant. It is stated that the
injuries suffered by the informant side is later on found to be graver. The
weapon used, as mentioned in the FIR, is lathi and danda. He submits that
the co-accused have also lodged the FIR. There is cross version of the FIR
lodged by the co-accused. The investigation is continuing. The applicant
want to cooperate in the investigation but apprehending arrest. The
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accused/applicant is a lady and no specific role is attributed to her. Hence,
seeks anticipatory bail.

4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.

5. The arguments have been countered by the learned counsel for the
informant that the accused/applicant are aggressors. The major injuries
have been suffered from side of informant. The proceeding under Section
82 CrPC has just commenced. The applicant is absconding and hence
submits that the application be dismissed.

6. The scope of ambit of anticipatory bail is encapsulated in three
insightful judgments of Hon’ble Supreme Court right from Gurubaksh
Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565,
Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in
(2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of
Delhi) and another reported in (2020) 5 SCC 1, wherein it is
consistently held by Hon’ble Apex Court that while granting anticipatory
bail, the Court should considering the application of the applicant to
evaluate the threat or apprehension of arrest vis-a-vis the nature and
gravity of accusation, criminal antecedent of the accused, false or
exaggerated implication, need of custodial interrogation, willingness of
the accused to cooperate in investigation and trial and the conduct of the
accused and flight risk.

7. Consider the cross fight between the two parties of the village, wherein
both sides suffered injuries. Further this Court, while considering the
gravity of accusation and apprehension of arrest in the case vis-a-vis low
flight risk and assurance of the accused in cooperating with the
investigation and trial, is of considered view to grant anticipatory bail.

8. The applicant-Bhagawani Devi involved in the aforesaid case crime
shall appear before the trial court or the Investigating Officer as the case
may be within thirty days from the date of this order and shall be
released on bail on furnishing a personal bond of Rs. 25,000/- with two
sureties each in the like amount to the satisfaction of the court concerned
with following conditions :-
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(i) 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 or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of BNSS.

(iv) The applicant shall file an undertaking to the effect that he/she shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

10. It is clarified that anything said in this order is limited to the purpose
of determination of this bail application and will in no way be construed
as an expression on the merits of the case. The trial court shall be
absolutely free to arrive at its independent conclusions on the basis of
evidence led unaffected by anything said in this order.

11. The below mentioned directions shall be complied with for
expeditious disposal of trial, in case charge sheet is submitted against
accused/applicant :-

11.1 As the investigation is continuing, in the event charge sheet is
submitted and cognizance is taken, it would be the duty of the
accused/applicant to appear before the trial court or Magistrate concerned
as the case may be without waiting for the issuance of summons, within
60 days from the date of cognizance or on the date fixed, which ever is
earlier. So that the trial may not be delayed for non execution of summons
or processes.
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                                    11.2 The District Judge concerned shall direct each Magistrate and
                                    Special courts to maintain a register of Anticipatory Bail orders granted
                                    by this Court, wherein the details of Anticipatory Bail shall be entered.
                                    The dedicated official shall be nominated in each Special court and
                                    Magistrate court for maintaining the register.

                                    11.3 The accused/applicant shall provide a copy of the final order of
                                    anticipatory bail within 30 days, to the official concerned in whose
                                    jurisdiction the case lies and shall provide his complete contact details
                                    including the mobile number and E-mail ID (if maintained); any change
                                    in detail shall be informed by the applicant.

                                    11.4 On the submission of charge sheet and cognizance taken, the
                                    Presiding Officer shall fetch the details of the accused/applicant and the
                                    dedicated official shall inform the accused at the given detail.


                                                                                          (Avnish Saxena,J.)
                                    May 6, 2026
                                    Abhishek Sri.




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad