Allahabad High Court
NIRMALA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail to the applicant with conditions.
Summary
The High Court considered an anticipatory bail application under Section 482 CrPC filed by Nirmala Devi, a former Block Pramukh, who feared arrest in a case (Crime No. 08 of 2019) involving offences under Sections 409, 467, 468, 471, 477A, 120B and 34 IPC. The FIR, relating to a 2005 incident, was lodged only in 2019 and the investigation had been pending for seven years without a charge‑sheet. The applicant argued she was falsely implicated and highlighted that a similarly situated co‑accused, Aliyar Ram, had already been granted anticipatory bail in NABAIL No. 4019 of 2026. The State opposed the bail but did not dispute the applicant’s clean record. The Court, noting the delay, lack of charge‑sheet, and the precedent of bail to the co‑accused, granted anticipatory bail with standard conditions and ordered her release upon arrest.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC given the delayed FIR, pending investigation, and lack of criminal history.
- Whether the grant of anticipatory bail to a similarly situated co‑accused (Aliyar Ram) mandates a similar relief to the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 34, 409, 467, 468, 471, 477A
Subjects
- anticipatory bail
- Section 482 CrPC
- delayed FIR
- false implication
- Indian Penal Code
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9813 of 2026
Nirmala Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anoop Bhaiya Lal Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant and Learned A.G.A. for the State
as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 08 of 2019, under Sections 409, 467, 468, 471,
477A, 120B, 34 I.P.C., Police Station- Varanasi Sector (E.O.W.), District
Varanasi, with a prayer to enlarge her on anticipatory bail as the applicant
apprehends her arrest in the abovementioned case.
3. The Learned counsel for the applicant has contended that the applicant, at
the relevant point of time, was the Block Pramukh of Block Dobhi. The
applicant has been falsely implicated in the present case. The FIR relates to
an incident of the year 2005 and was lodged quite belated in the year 2019.
The investigation has been pending for the past seven years and till date, no
charge-sheet has been submitted. Similarly situated co-accused Aliyar Ram,
who was the Block Development Officer at the relevant point of time, has
been granted anticipatory bail by this Court in NABAIL No. 4019 of 2026.
The case of the applicant stands on similar footing.
4. The Learned A.G.A. for the State has opposed the prayer for grant of
anticipatory bail but does not dispute the fact that the case of the applicant
stands on similar footing and that she has no criminal history.
5. I have considered the submissions made by the Learned counsels for the
parties.
NABAIL No. 9813 of 2026
2
6. The co-accused Aliyar Ram has been granted anticipatory bail by this
Court. The FIR was lodged with a delay of almost 13 years. The FIR has
been lodged against 11 named accused. The investigation has been pending
for the past seven years.
7. Taking into account the facts and circumstances of the case, and
specifically the fact that similarly situated co-accused Aliyar Ram, who is
also named as an accused in the FIR, has been granted anticipatory bail by
this Court, I deem it appropriate 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- Nirmala Devi, she shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and surety 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 28, 2026
Junaid
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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