SMT GANGA DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
ABAIL/11383/2024 · 2025-07-24
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108429 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123332 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11383 of 2024 Applicant :- Smt Ganga Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namrata Shukla,Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,S.P.S. Chauhan Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed today is taken on record.
2. 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.
3. Vide order dated 20.01.2025, this Court, on informing by the learned counsel for the applicants that the applicant No. 2-Manish Kumar, has been arrested by the police, has dismissed the present anticipatory bail as infructuous against him. Now the present anticipatory bail application survives only for applicant No.1-Smt. Ganga Devi and Smt. Anita Devi.
4. The present application has been moved seeking anticipatory bail in Case Crime no. 436 of 2022, under Sections 406, 420 I.P.C., Police Station South, District Firozabad, with the prayer that in the event of arrest, applicants may be released on anticipatory bail.
5. Learned counsel for the applicants submits that after hearing both the parties and considering the fact that charge sheet has been filed in this matter, this Court vide order dated 20.01.2025 granted interim anticipatory bail to the applicant Nos. 2 and 3. Learned counsel further submits that in the supplementary affidavit filed today he has filed
order sheet of the trial court. Perusal of order sheet of the trial court goes to show that applicants charges have been framed against the applicants on 29.03.2025 and they are regularly appearing before the court concerned and are obeying the conditions enumerated in the interim protection granted earlier vide order dated 20.01.2025. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the proceedings of trial and would obey all conditions of bail. 6. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the application for anticipatory bail. 7. 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. 8. 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, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicants- Smt. Ganga Devi and Smt. Anita Devi, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicants shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence. (iii) The applicants shall cooperate during trial and would not misuse the liberty of bail. 11.
In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 25.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad