CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home

Heard learned counsel for the applicant; learned AGA for the State; Shri Ashish Mishra, learned counsel for the informant and perused the records.

The present application has been filed seeking anticipatory bail apprehending arrest in FIR/Case Crime No.293 of 2014, under Section 272, 285, 338, 304, 467, 468, 471, 420, 120B IPC, Police Station Bazar Khala, District Lucknow.

In terms of the FIR lodged, allegations were levelled that the applicant is the owner of a property situated at a residential area and had given a portion of the property on rent for commercial purposes illegally. It is stated that the said tenant was storing certain material which resulted in the explosion because of which two children including the son of the informant suffered burn injuries.

In the light of the said, it is argued that even from the FIR, the applicant is just said to be landlord of the premises who had allegedly given the property for commercial purposes in a residential area. The said in itself may not be enough to attract the complicity and offence under Section 272, 285, 338, 304, 467, 468, 471, 420, 120B IPC in which the applicant is apprehending 2 ABAIL No. 686 of 2025 arrest.

Learned counsel for the informant, on the other hand, states that despite issuance of non-bailable warrant the applicant has not appeared and had filed discharge application which has been rejected, and keeping in view the conduct of the applicant, the anticipatory bail should be denied.

Considering the submissions made at the Bar, prima-facie, as per the FIR, no allegations exist so as to implicate the applicant for the offence as alleged; the applicant is a lady having no criminal antecedents, as such, she is entitled to the benefit of anticipatory bail. The present application for anticipatory bail is accordingly allowed.

In the event of arrest, let the applicant Smt. Sahnaaz @ Shahnaz Quraisi be released on anticipatory bail in aforesaid FIR number on her furnishing a personal bond of Rs.30,000/- to the satisfaction of Station House Officer concerned with the following conditions: (a) The applicant shall make himself available for interrogation by a police officer as and when required and will co-operate with the investigation; (b) The applicant shall not leave India without previous permission of the Court; (c) 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. November 25, 2025 nishant (Pankaj Bhatia,J.)