NABAIL/4289/2026 of DEEPANSHI RAJPOOT Vs STATE OF U.P. on 11 May 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.

Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No. 35 of 2026, under Sections 105, 238 BNS, Police Station- Ait, District- Jalaun, during pendency of the trial in the court below. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that initially FIR of the present case was lodged against unknown vehicle and during investigation, name of the applicant came into light. It is next submitted that the incident was a tragic road accident and not a case of homicide or murder. It is next submitted that applicant was only pillion rider and she was having no control over the vehicle. It is next submitted that there is no specific allegation against the applicant and she is having no other criminal history. It is next submitted that applicant is having apprehension of arrest by the police any time in the above-mentioned case, whereas there is no credible evidence against her. If the applicant is enlarged on bail, she will not misuse the liberty and will cooperate with the investigation as well as trial proceeding. Per contra, learned A.G.A. opposed the prayer for anticipatory bail. Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A. Deepanshi Rajpoot .....Applicant(s) State of U.P. .....Opposite Party(s)

In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the trial. The application is allowed accordingly. In the event of arrest of the applicant-Deepanshi Rajpoot, he shall be released on anticipatory bail till the end of trial on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall make himself/herself available before the Investigating Officer/Court concerned on the date fixed in the matter and will cooperate in the investigation/trial.

(ii) 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/her from disclosing such facts to the Court or to any police office.

(iii) The applicant shall not leave India without the previous permission of NABAIL No. 4289 of 2026

the Court and if he/she has passport, the same shall be deposited by him/her before the S.S.P./S.P. Concerned. In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. May 12, 2026 KK Patel NABAIL No. 4289 of 2026

(Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad