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2025 DAILYLAW 111550 (ALL)

KRITI MISHRA v. STATE OF U.P.

ABAIL/12323/2024 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139308 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12323 of 2024 Applicant :- Kriti Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi,Vibha Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, 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. 0015 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Ghoorpur, District Prayagraj, with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 22.01.2025, co-ordinate Bench of this Court had granted protection, by which it was provided that till the next date of listing, the applicant shall not be arrested. 4. Learned counsel for the applicant submits that the allegation levelled against the applicant is totally mis-conceived. He further submits that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against her. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and she 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, she 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. opposed the anticipatory bail and argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet. 6. Perusal of the record shows that the applicant was granted interim protection vide order dated 22.01.2025. Charge sheet has also been submitted against the applicant on 31.01.2025. 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 :- 13.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad