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Allahabad High Court

ARCHANA DEVIversusSTATE OF U.P.

Decided

Holding

The Court allowed the anticipatory bail application, finding it appropriate to grant bail under Section 482 CrPC.

Summary

The High Court considered an anticipatory bail application filed by Archana Devi under Section 482 of the Criminal Procedure Code in connection with a case (Crime No. 177 of 2026) where she was alleged to have threatened an informant. The applicant argued that she was falsely implicated, had no role in the alleged assault, and possessed only a minor prior criminal history. The State opposed the bail but could not refute the factual submissions. The Court noted that the applicant’s alleged role was limited to threatening, distinguished her from the co‑accused who faced assault charges, and found no substantive reason to deny bail. Consequently, the Court granted anticipatory bail with standard conditions, emphasizing that the order was limited to the bail application and not an opinion on the merits of the case.

Issues considered

  • Whether anticipatory bail should be granted to Archana Devi under Section 482 CrPC given the allegations of threatening and alleged false implication.
  • Whether the applicant’s prior criminal history warrants denial of anticipatory bail.
  • Whether the Court can impose conditions on the anticipatory bail such as cooperation with police and restriction on leaving India.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • false implication
  • criminal history
  • bail conditions
  • threatening informant
  • Uttar Pradesh criminal law

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 8631 of 2026

Archana Devi
                                                                        .....Applicant(s)
                                        Versus
State of U.P.
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)                 :   Jainendra Kumar Pandey
Counsel for Opposite Party(s)            :   G.A., Kumar Parikshit, Ritesh Kumar

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.177 of 2026, under Sections 109(1), 351(3), 115(2) B.N.S., P.S.- Sarai
Akil, District- Kaushambi, 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 submitted that the applicant has been falsely
implicated in the present case. The applicant has not been given the role of assault.
The only allegation against the applicant is of threatening the informant. The case of
the applicant is distinguishable from that of the co-accused Chandrakant Mishra. The
Learned counsel for the applicant contends that the applicant is a lady and she has a
criminal history of one case, however, she is not a previous convict. Similarly situated
co-accused Rakesh Mishra has been granted anticipatory bail by this Court in
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8540 of 2026.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could
not dispute the factual submissions made by the Learned counsel for the applicant.

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 although named in the First Information Report has only been given
the role of threatening along with the other accused. The specific role of assault by
using a lathi has been given to the co-accused Chandrakant Mishra. Taking note of the
fact that the applicant is the wife of Chandrakant Mishra and co-accused Kriti Mishra
is the daughter of Chandrakant Mishra, false implication of the applicant cannot be
ruled out. The criminal history of the applicant has been satisfactorily explained.
                                                                                                   NABAIL No. 8631 of 2026
                                                                         2

                                    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 Archana Devi, 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;

                                    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.

                                    September 9, 2026
                                    Sachin
                                                                                                  (Rajiv Lochan Shukla,J.)




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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