SMT.RANI DEVI ALIAS RANI v. STATE OF U.P. AND ANOTHER
ABAIL/12305/2024 · 2025-07-15
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113230 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115029 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12305 of 2024 Applicant :- Smt.Rani Devi Alias Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Trivedi,Ram Jiyawan Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. List revised. Despite service of notice none is present on behalf of informant.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
3. The present application has been moved seeking anticipatory bail in Complaint Case No. 938 of 2021, under Sections 452, 392, 323, 504, 506 I.P.C., Police Station Rauja, District Shahjahanpur, with the prayer that in the event of arrest, applicant may be released on bail.
4. Learned counsel for the applicant submits that vide order dated 28.04.2025 the applicant was granted interim anticipatory bail till the next date of listing. It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against her. It was also submitted that applicant undertakes to cooperate during investigation and trial and she would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.
5. Learned A.G.A. has opposed the application for anticipatory bail.
6. 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.
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, a case for anticipatory bail is made out.
8. The anticipatory bail application is allowed.
9. In the event of arrest of the applicant- Smt.Rani Devi Alias Rani, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicant 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 her from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) the applicant shall cooperate during trial and would not misuse the liberty of bail.
10. 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 applicant.
Order Date :- 16.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad