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2025 DAILYLAW 189560 (ALL)

SMT SANTOSH v. STATE OF U.P. AND ANOTHER

NABAIL/8724/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8724 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Vinod Kumar Tripathi, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.780 of 2025, under Sections 420, 406, 447, 427, 467, 468, 471 of IPC and Section 2/3 of Public Property Act, Police Station Najibabad, District Bijnor, with the prayer that in the event of arrest, applicant may be released on bail. 3. 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. Learned counsel for the applicant submits that the charge sheet in this case has already been submitted and the applicant was granted interim protection from arrest by Division Bench of this Court vide order dated 21.02.2024 passed in Criminal Misc. Writ Petition No.1868 of 2024. It is further submitted that as per allegation in the first information report, the applicant is said to have purchased a public land through a registered sale deed. It was also submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Smt Santosh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. Charge sheet in this case has already been submitted and the applicant was granted interim protection from arrest by Division Bench of this Courtvide order dated 21.02.2024 passed in Criminal Misc. Writ Petition No.1868 of 2024. It is further submitted that as per allegation in the first information report, the applicant is said to have purchased a public land through a registered sale deed. 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 applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, 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. Santosh involved in the aforesaid case crime shall be released on anticipatory bail 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 not tamper with evidence and that she would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the NABAIL No. 8724 of 2025 2 liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 29, 2025 RKM NABAIL No. 8724 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad