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2025 DAILYLAW 10284 (ALL)

SMT NIDHI @ VANDANA AWANA v. State of UP

ABAIL/536/2024 · 2025-05-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86911 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 536 of 2024 Applicant :- Smt Nidhi @ Vandana Awana Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh,Shashi Bhushan,Smriti Shukla,Vivek Upadhyay Counsel for Opposite Party :- Ankit Kumar Rai,G.A.,Shubhranshu Pandey Hon'ble Dr. Gautam Chowdhary,J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 790 of 2023, under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Sikandrabad, District Bulandshahar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. It has been argued by the learned counsel for the applicant that vide order dated 18.03.2024, the applicant was granted interim anticipatory bail till the next of listing or till the submission of police report. Now the charge sheet has been filed in the present crime. Thus, the applicant has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her. It has further been submitted that applicant has no criminal antecedents. It was also submitted that applicant undertakes to cooperate during trial and she would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and argued that since charge sheet has been filed, therefore, applicant does not deserve any indulgence, at this stage. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected. 9. Interim order, if any, stands vacated. Order Date :- 22.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad