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2025 DAILYLAW 113634 (ALL)

GUDIYA KESHARI v. STATE OF U.P.

NABAIL/12412/2024 · 2025-01-05

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:1815 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12412 of 2024 Applicant :- Gudiya Keshari Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record. 2. This anticipatory bail application (under section 482 BNSS) has been moved seeking bail in Case Crime No. 249 of 2024, under Sections 3/5-A/5-B/8 Prevention of Cow Slaughter Act, P.S. Alinagar, District Chandauli. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is a lady, having no concern with the alleged incident. Applicant has been implicated in the present case being owner of Vehicle No.U.P.-65-HT-1198. No charge-sheet has been submitted and investigation is going on against the applicant. Learned counsel for the applicant next submitted that co-accused Abhieshek Yadav has been granted anticipatory bail by this Court by order dated 13.11.2024. Applicant has no criminal history. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicant. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6. Let the applicant Gudiya Keshari, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 9. The application stands allowed. Order Date :- 6.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad