Ruled in favour of Badamiya Devi (Applicant)
In Short
An 81-year-old blind woman who was accused of forgery and cheating involving a fair price shop asked the High Court for protection from arrest. The court granted her anticipatory bail, allowing her to avoid jail time provided she appears before the trial court within four weeks and follows strict conditions.
The Parties
Party A: Badamiya Devi
Party B: State of U.P. and Another
Advocates & Judges
For Party A: Learned Advocate Mr. Vinay Bhushan Upadhyay
For Party B: Learned Advocate Mr. G.A.
Judge(s): Hon'ble Justice Rajiv Lochan Shukla
What the Case Was About
This case started because a fair price shop was allotted to Badamiya Devi, but allegations arose that a fake distribution certificate was made by forging official signatures back in February 2012. An inquiry by a local Lekhpal claimed forgery took place, and because Badamiya Devi was the shop owner, she was named as an accused in the criminal case. Although she previously had an opportunity to appear in court years ago, she did not do so, leading to pending non-bailable warrants against her.
Judgment Date
13 October, 2026
The Outcome
The court ruled in favour of the applicant and allowed her anticipatory bail application. The court directed that she must appear before the trial court within four weeks and submit personal bonds and surety to secure her release under specific conditions.
What the Court Looked At
- The court noted that the applicant is an elderly woman, approximately 80 to 81 years of age, and is 100% visually disabled.
- The State argued that a local inquiry found a fake distribution certificate with forged signatures, making the applicant a beneficiary.
- The court observed that a previous request to quash the criminal proceedings had been dismissed back in January 2014, with instructions for her to surrender and seek regular bail.
- The court pointed out that the applicant failed to comply with that earlier direction and became an absconder against whom non-bailable warrants were pending.
- The court acknowledged that while absconders are usually denied anticipatory bail, the unique circumstances of her extreme old age and total blindness warranted protection.
"In the peculiar facts and circumstances of the present case, taking note of the fact that the applicant is a blind woman now stated to be aged about 80 years, it would be appropriate that the applicant is enlarged on anticipatory bail."
What This Means For You
This case shows that while extreme personal hardships like advanced age and total blindness can deeply influence a court's sympathy, ignoring previous court orders and failing to appear can seriously complicate your legal standing. If you or an elderly relative are facing old criminal charges, running away or failing to follow judicial directions will only prolong the fear of arrest and invite warrants. Ignoring legal notices does not make the problem go away; instead, it creates a long-running battle that requires special intervention later. Setback Solutions is here to help you understand your options and coordinate next steps with plain-language guidance, so you never have to face a confusing legal maze alone.
You Still Have Options
If you are currently facing a false FIR, struggling with pending warrants, or wondering what to do after a setback, please know that it is never too late to explore your choices. You can still seek a second opinion, evaluate your current legal representation, or look into non-judicial guidance to figure out a clear path forward. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Setback Solutions is not a law firm and does not give legal advice or guarantee any result, but we are always ready to offer supportive, plain-language coordination.