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Neutral Citation No. - 2025:AHC:22209 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1130 of 2025 Applicant :- Smt. Saida Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Rai,Gaurav Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application for anticipatory bail has been filed by applicant - Smt. Saida in connection with Case Crime No.471 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Budhana, District Muzaffar Nagar. 3. The present applicant, who is a fair price shop dealer, is alleged to have obtained the dealership of fair price shop on the basis of forged and fabricated testimonials. F.I.R. was lodged and after completion of investigation, charge sheet was submitted. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and she has apprehension of her arrest in the above-mentioned case, whereas there is no credible evidence against her. She has been falsely implicated into this matter. Allegations levelled against the applicant are false. After the investigation, charge-sheet was filed in the matter. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that earlier, interim protection was granted to the applicant in this case vide order dated 24.11.2023 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. 12956 of 2023 and the said liberty was not misused by the applicant. The applicant has no criminal history to her credit. No process under Sections 82 and 83 CrPC has been issued against the appellant and the appellant has not been declared absconder. It is further submitted that no custodial interrogation is required in this matter. In case the appellant is granted anticipatory bail, she will not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. opposed the anticipatory bail application. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.
It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Hence, considering the settled principles 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 of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.
8. The anticipatory bail application is allowed.
9. In the event of arrest of the applicant in the aforesaid case crime, she shall be released on anticipatory bail till end of the trial on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall make herself available before the court concerned on the date fixed in the matter; (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 him / her 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.
10. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.
Order Date :- 17.2.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad