Allahabad High Court

JASHODA DEVIversusSTATE OF U.P.

Decided: 7 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted anticipatory bail to the applicant under Section 482 of the Criminal Procedure Code.

Summary

The High Court of Allahabad entertained an anticipatory bail application under Section 482 of the Criminal Procedure Code filed by Jashoda Devi, who feared arrest in a family‑dispute case involving alleged assault on Padma Verma and Sridevi. The FIR named six persons and alleged offences under Sections 191(2), 115(2), 109, 351(3), 333 and 3(5) of the Indian Penal Code, but the injuries were neither dangerous to life nor grievous. The applicant had no prior criminal record, and a co‑accused, Rukma Devi, had already been granted bail in a similar proceeding. The State opposed the bail but did not dispute the similarity of the cases. After considering the facts, the court found no risk of the applicant tampering with evidence or fleeing and therefore granted anticipatory bail with standard conditions. The order clarified that the decision was limited to the bail application and not an opinion on the merits of the criminal case.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 CrPC given the nature of the alleged offences and injuries.
Whether the applicant poses a risk of influencing witnesses, fleeing the jurisdiction, or obstructing the investigation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 109, 115, 191, 3, 333, 351

Subjects

anticipatory bail
Section 482 CrPC
Indian Penal Code
family dispute
non‑grievous injury
bail conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9164 of 2026

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

Counsel for Applicant(s) : Avadh Raj Sharma
Counsel for Opposite Party(s) : G.A.

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. 209 of 2026, under Sections 191(2), 115(2),
109, 351(3), 333, 3(5) B.N.S., Police Station- Kasganj, District Kasganj,
with a prayer to enlarge her on anticipatory bail as the applicant apprehends
her arrest in the above-mentioned case.
3. Learned counsel for applicant contends that there is a family dispute
between the parties. A general role has been assigned to the applicant of
assaulting the injured, Padma Verma, and the mother of the informant,
Sridevi. None of the injuries received by the injured can be categorized to be
dangerous to life. Similarly, situated co-accused Rukma Devi has already
been granted bail by this Court in CRIMINAL MISC. ANTICIPATORY
BAIL APPLICATION U/S 482 BNSS No. 8452 of 2026. Applicant has no
criminal antecedents.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail,
but does not dispute the fact that the case of the applicant stands on a similar
footing to that of the co-accused Rukma Devi.
6. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
7. Six people have been named in the FIR. From the perusal of the injury
report of the injured, Padma Verma and Sridevi, only two visible injuries
(each) appear to have been found on their person. None of the injuries have
been found to be dangerous to life or grievous in nature. The case of the
applicant stands on a similar footing to that of the co-accused, Rukma Devi,
who is stated to be the sister of the co-accused, Yadavati. The applicant is
NABAIL No. 9164 of 2026
2

the nephew's wife of the co-accused, Yadavati.

8. 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.

9. In view of the above, the anticipatory bail application of the applicant is
allowed.
10. In the event of the arrest of the applicant Jashoda 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;
11. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
12. 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 8, 2026
Sartaj
(Rajiv Lochan Shukla,J.)

Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad

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