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Neutral Citation No. - 2025:AHC:19843 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12121 of 2024 Applicant :- Ritu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avadh Pratap Singh Shishodia Counsel for Opposite Party :- Jitendra Singh, Manjesh Singh Yadav,G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
3. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 133 of 2024, under Section 307 IPC, Police Station- Pilakhuwa, District- Hapur, during the pendency of trial.
4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that earlier first information report was registered under Sections 147, 323, 324, 506, 307, 325 & 120-B IPC and applicant applied for bail under Sections 147, 323, 324, 506, 325 & 120-B IPC and she was released on bail by the Trial Court vider order dated 22.07.2024, thereafter, Investigating Officer submitted charge-sheet under Sections 147, 323, 324, 506, 307, 325 & 120-B IPC and Court has taken cognizance, as such, the instant anticipatory bail application has been filed by the applicant under Section 307 IPC. He further submitted applicant is having no concern with the alleged incident and as she has been granted bail in other sections by the Trial Court and she has not misused the liberty of bail, as such, she should be granted bail under Section 307 IPC. 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.
5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the anticipatory bail application of
the applicant and submitted that charge-sheet has been submitted under Section 307 IPC along with other sections and applicant is not co-operating with the trial proceedings. He next submitted that Court concerned has taken cognizance and issued summons vide
order dated 25.09.2024. It is not a case of false implication as role of causing injury has been assigned to the applicant, as such, applicant should not be released on anticipatory bail.
6. Considered the submissions raised by learned counsel for the parties and perused the entire record. On perusal of first information report and other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out.
7. 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