ANITA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1297/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186946 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186946 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1297 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.206 of 2024 under sections 406, 420 I.P.C., P.s. Mishrikh, district Sitapur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. The maximum punishment for the alleged offence is upto 7 years. During investigation, the applicant has cooperated and he was not arrested. Charge sheet has been filed. Now, non-bailable warrant has been issued. It is submitted that the co-accused Ramjivan Mishra who is the husband of the applicant has been granted anticipatory bail vide order dated 14.11.2025 passed in Anticipatory Bail No.1264 of 2025. Role of the applicant is akin to that of the said co-accused. The applicant seeks parity. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Anita Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
applicant's counsel. He submits that in spite of sufficient service, the accused applicant has not appeared in court. No case for anticipatory bail is made out. However, he does not dispute that it is a case of parity. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, charge sheet has been filed, bail order of the co-accused, referred to above, offences are punishable upto seven years, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order.
On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly, on the ground of parity. November 20, 2025 kkb/ ABAIL No. 1297 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench