DEEPANSHI RAJPOOTversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4289 of 2026

Deepanshi Rajpoot
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                             :    Tarun Jha
Counsel for Opposite Party(s)                        :    G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.

The instant application has been filed seeking release of the applicant on
anticipatory bail in Case Crime No. 35 of 2026, under Sections 105, 238
BNS, Police Station- Ait, District- Jalaun, during pendency of the trial in
the court below.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that initially FIR of the
present case was lodged against unknown vehicle and during
investigation, name of the applicant came into light. It is next submitted
that the incident was a tragic road accident and not a case of homicide or
murder. It is next submitted that applicant was only pillion rider and she
was having no control over the vehicle. It is next submitted that there is
no specific allegation against the applicant and she is having no other
criminal history. It is next submitted that applicant is having apprehension
of arrest by the police any time in the above-mentioned case, whereas
there is no credible evidence against her. If the applicant is enlarged on
bail, she will not misuse the liberty and will cooperate with the
investigation as well as trial proceeding.

Per contra, learned A.G.A. opposed the prayer for anticipatory bail.
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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,
(2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the
subject finally by holding that the anticipatory bail need not be of limited
duration invariably. In appropriate case, it can continue upto conclusion
of trial. It has been further held therein that anticipatory bail granted can,
depending on the conduct and behavior of the accused, continue after
filing of the charge sheet till trial. It has been further held by the Hon'ble
Apex Court that while considering an application for grant of anticipatory
bail, the court has to consider the nature of the offence, the role of the
person, the likelihood of his influencing the course of investigation, or
tampering with evidence including intimidating witnesses, likelihood of
fleeing justice, such as leaving the country, etc. It has further been held
that Courts ought to be generally guided by considerations such as the
nature and gravity of the offences, the role attributed to the applicant, and
the facts of the case, while considering whether to grant anticipatory bail,
or refuse it. Whether to grant or not is a matter of discretion.

Considering the settled principles of law regarding anticipatory bail,
nature of accusation, role of applicant and all attending facts and
circumstances of the case, without expressing any opinion on the merits
of the case, in my view, it is a fit case for anticipatory bail to the applicant
till the trial.

The application is allowed accordingly.

In the event of arrest of the applicant-Deepanshi Rajpoot, he shall be
released on anticipatory bail till the end of trial on furnishing a personal
bond of Rs.50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall make himself/herself available before the
Investigating Officer/Court concerned on the date fixed in the matter and
will cooperate in the investigation/trial.

(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/her from disclosing such facts to the Court or to any
police office.

(iii) The applicant shall not leave India without the previous permission of
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                                                                  3


                                    the Court and if he/she has passport, the same shall be deposited by
                                    him/her before the S.S.P./S.P. Concerned.

                                    In case of default of any of the conditions, the same may be a ground for
                                    cancellation of protection granted to the applicant.



                                                                                     (Jai Prakash Tiwari,J.)
                                    May 12, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad