Deepika Singh State Of U.P. Thru. Prin. Secy. Home Deptt. Lko & Ors. v. State of U.P. (2012) 10 SCC 741; Kahkashan Kausar v. State & Ors.
Case at a glance
- Bench
- KARUNESH SINGH PAWAR
Outcome
Bail granted
the applicant is enlarged on bail, he shall not misuse the liberty of bail
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 84, 482
- Bharatiya Nyaya Sanhita, 2023 ss. 85, 109(1), 115(2), 123, 209, 351(3)
- Code of Criminal Procedure, 1973 s. 82
- Indian Penal Code, 1860
Judgment
informed the learned counsel for the complainant about the mentioning made by him through email, WhatsApp, and telephonic communication, but the same was declined. This matter is being taken up upon the mentioning made by the learned counsel for the applicant, stating that the applicant is six months pregnant and is languishing in jail since 22.09.2025. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant further submits that the applicant is the married sister-in-law of the victim and has been falsely implicated in the present case. It is also submitted that co-accused Shatrughan Singh, Vinay Singh, Poonam Singh, and Smt. Kiran Singh, who were assigned a similar role, have been granted anticipatory bail by this Court as well as by a coordinate Bench vide orders dated 28.10.2025 and 09.10.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS Nos.
1573 of 2025, 1569 of 2025, and 1551 of 2025. The applicant has also explained criminal history of one case in paragraph 16 of the bail application. It is further submitted that the investigation in the present matter is malicious and has been conducted in utter disregard of the provisions of the BNSS. In 2 BAIL No. 9918 of 2025 support of this contention, learned counsel has referred to the bail order of co-accused Vivek Singh, wherein the learned Additional District Judge, Court No. 5, Lucknow, while granting bail, observed that the investigation was conducted in a very casual manner and recommended that the ACP (Central Commissionerate, Lucknow) examine the case diary and decide whether the investigation should continue under the present Investigating Officer. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses.
Operative part
In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail application; however, he does not dispute the fact that the applicant is six months pregnant. Having considered the fact that similarly placed co-accused persons have been granted anticipatory bail, the general nature of the allegations in the prosecution case, the observations made by the learned ADJ, Court No. 5, Lucknow, in the bail order of Vivek Singh, the period of incarceration of the applicant since 22.09.2025, and in light of the judgments of the Hon’ble Apex Court in Geeta Mehrotra and others v. State of U.P. and others (2012) 10 SCC 741; Kahkashan Kausar v. State of Bihar (2022) 6 SCC 599; Achin Gupta v. State of Haryana and another 2024 SCC OnLine SC 759; and Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020) 5 SCC 1, I find it to be a fit case for granting bail to the applicant.
Accordingly, the bail application is allowed. Let the applicant involved in FIR No.0264 of 2025 under Section 115(2), 109(1), 123, 351(3), 85 of BNS and Section 3/4 D.P.Act, Police Station Aashiyana, District Lucknow. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness. 3 BAIL No. 9918 of 2025 (iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.
In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 31, 2025 R.C. (Karunesh Singh Pawar,J.) RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the applicant is enlarged on bail, he shall not misuse the liberty of bail
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 84, 482; Bharatiya Nyaya Sanhita, 2023 — ss. 85, 109(1), 115(2), 123, 209, 351(3); Code of Criminal Procedure, 1973 — s. 82; Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.