SMT. SABNAM BANO AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/11577/2024 · 2025-07-24
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108241 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123330 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11577 of 2024 Applicant :- Smt. Sabnam Bano And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Singh Counsel for Opposite Party :- Mumtaz Ahmad Siddiqui,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
2. The present application has been moved seeking anticipatory bail in Case Crime no. 122 of 2024, under Sections 191(2), 333, 115(2), 351(2), 324(4), 76, 309(4) of B.N.S., Police Station Kareli, District Prayagraj, with the prayer that in the event of arrest, applicants may be released on anticipatory bail.
3. It has been argued by the learned counsel for the applicant that vide
order dated 29.11.2024, the applicants were 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 applicants have an apprehension that they may be arrested in the above-mentioned case, whereas there are no credible evidence against them. It has further been submitted that applicants have no criminal antecedents. It was also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail.
4. Learned A.G.A. as well as learned counsel for the informant have opposed the application for anticipatory bail and argued that since charge sheet has been filed, therefore, applicants do not deserve any indulgence, at this stage.
5. 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.
6. 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.
7. With the above observations, the present anticipatory bail application stands disposed of leaving it open to the applicants to apply for bail before the court concerned.
8. Interim order, if any, stands vacated.
Order Date :- 25.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad