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2025 DAILYLAW 201017 (ALL)

RENU DEVI v. STATE OF U.P.

NABAIL/8398/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8398 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Pradip Kumar Shukla, learned counsel for the applicant and Sri 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. 175 of 2025, under Section 318(4) B.N.S., Police Station Hanumant Vihar, District Kanpur Nagar with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended 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. He further submits that no offence is made out against the applicant as the main allegation is against the co-accused Anil Agrahari and Sunil Agrahari and no monetary transaction has taken place with the applicant. It is submitted that the applicant is having no criminal history. It is further submitted that co-accused Saurabh Gupta has already been granted anticipatory bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 8038 of 2025. 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. 4. On the other hand, learned A.G.A. has opposed the application for Versus Counsel for Applicant(s) : Pradip Kumar Shukla Counsel for Opposite Party(s) : G.A. Renu Devi .....Applicant(s) State of U.P. .....Opposite Party(s) anticipatory bail and it has been submitted by him that all the accused persons are of the same family. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The main allegation is against co-accused Anil Agrahari and Sunil Agrahari and similarly placed accused has already been granted anticipatory bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 8038 of 2025. The applicant is having no criminal history. 7. 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, the 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. 8. 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 merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Renu Devi involved in the aforesaid case crime, she 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, NABAIL No. 8398 of 2025 2 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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. 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 herein. October 15, 2025 Abhishek NABAIL No. 8398 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad