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2025 DAILYLAW 108483 (ALL)

SMT. ASGARI v. STATE OF U.P. AND ANOTHER

ABAIL/11495/2024 · 2025-02-10

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19786 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11495 of 2024 Applicant :- Smt. Asgari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 158 of 1996, under Sections 420, 467, 468, 471 IPC, Police Station- Sadar Bazar, District- Saharanpur, during the pendency of trial. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a lady aged about 65 years old. Prima facie, no offence under alleged sections is made out against the applicant. Instant first information report has been lodged with malicious intention to harass the applicant. He next submitted initially final report was submitted in the matter, thereafter, on protest application, learned Magistrate issued summons against applicant and other co-accused persons. Thereafter, applicant and another challenged the proceedings before this Court by filing Application U/S 482 No. 6704 of 2005, which was decided by this Court vide order dated 21.07.2017. He next submitted that applicant is having no concern with the alleged incident. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that application under Section 482 Cr.P.C., filed by the applicant, was decided by this Court vide order dated 21.07.2017 and since then more than seven years have been passed but applicant did not appear before the Trial Court. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that applicant has willfully avoided trial proceedings since last seven years, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application stands rejected. Order Date :- 11.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad