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Neutral Citation No. - 2025:AHC:5931 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12360 of 2024 Applicant :- Anuradha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and also perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0435 of 2024, under Sections 108, 351(3) of BNS, Police Station Kotwali Dehat, District Saharanpur, with a prayer to enlarge her on anticipatory bail.
PROSECUTION STORY:
4. The applicant is stated to have abetted the deceased persons to commit suicide, lest they should transfer the property to her name.
ARGUMENTS ON BEHALF OF THE APPLICANT:
5. The applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. There is no overt act assigned to the applicant of having abetted the deceased persons to commit suicide, as such, the ingredients of Section 108 B.N.S. do not stand fulfilled.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
7. The applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, she will not misuse the liberty and shall cooperate with trial.
ARGUMENTS ON BEHALF OF INFORMANT/STATE:
8. The prayer for grant of anticipatory bail has been opposed but the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history has not been disputed. CONCLUSION:
9. On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
10. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
11. In the event of arrest of the applicant, Anuradha Singh involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make herself available for interrogation by a police officer as and when required; ii. that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
12. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
13. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 10.1.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad