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Neutral Citation No. - 2025:AHC:89836 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10512 of 2024 Applicant :- Geeta Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh,Vidya Shankar Singh Counsel for Opposite Party :- G.A.,Ratnesh Kumar Tiwari Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, Ratnesh Kumar Tiwari,
learned counsel for first informant, learned A.G.A. for the State and perused the record.
2. The present application has been moved seeking anticipatory bail in Case Crime No. 107 of 2024 under Section 115 (2), 123 B.N.S. Police Station Godha, District Aligarh, with the prayer that in the event of arrest, applicant may be released on bail.
3. Vide order dated 25.10.2025, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant.
4. Apart from merit issues, learned counsel further argued that there is no credible evidence against him. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. Learned A.G.A. has
drawn attention of this Court that the victim in her statement recorded under Section 164 Cr.P.C. has levelled specific allegation against the applicant. Further it has been argued that the alleged marriage certificate is a notarised affidavit, which is not tenable in the eyes of law. Learned A.G.A. opposed the anticipatory bail and argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet.
6. In the 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. Interim order, if any stands vacated.
9. The anticipatory bail application is rejected.
Order Date :- 26.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad