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Neutral Citation No. - 2025:AHC:86894 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 955 of 2024 Applicant :- Premvati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Despite service of notice, none has appeared on behalf of informant even in the revised list. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 476 of 2023, under Sections 306, 323, 504, 506 I.P.C., Police Station Banna Devi, District Aligarh, with the prayer that in the event of arrest, applicants may be released on anticipatory bail. 4. It has been argued by the learned counsel for the applicants that vide order dated 18.03.2024, the applicants were granted interim anticipatory bail till the next of listing or till the submission of police report. Now the charge sheet has been filed in the present crime. Thus, applicants have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents. It was also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and argued that since charge sheet has been filed, therefore, applicants do not deserve any indulgence, at this stage. 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, no case for anticipatory bail is made out.
8. The anticipatory bail application is rejected.
9. Interim order, if any, stands vacated.
Order Date :- 22.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad