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2025 DAILYLAW 29835 (ALL)

KANEEZ FATIMA v. STATE OF U.P. AND ANOTHER

NABAIL/3336/2025 · 2025-09-24

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3336 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri P.K. Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 42 of 2023, under Sections 3/4/25 of the Arms Act, 4/5 ofthe Explosive Substances Act and Section 216 I.P.C., Police Station- Sarai Akil, District- Kaushambi, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of country made pistols, live cartridges and bombs has been shown from the house of the applicant. There is no independent witness to the alleged recovery. During the course of investigation, the applicant was granted the benefit of Section 41A Cr.P.C. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Co-accused Fauziya Bano, Shaheen Bano @ Samiya Nafees and Bushra Khatoon have been granted anticipatory bail by this Court vide orders dated 12.3.2024, 03.4.2024 and 01.4.2024 passed in Criminal Misc. Anticipatory Bail Application Nos.1981 of 2024, 1403 of 2024 and 2990 of 2024. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she will not misuse the said liberty. Versus Counsel for Applicant(s) : Mohd Adnan Khan, Mohd. Imran, Syed Safdar Ali Kazmi Counsel for Opposite Party(s) : G.A. Kaneez Fatima .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that there is no independent witness to the alleged recovery; during the course of investigation, the applicant was granted the benefit of Section 41A Cr.P.C.; co-accused Fauziya Bano, Shaheen Bano @ Samiya Nafees and Bushra Khatoon have been granted anticipatory bail by this Court; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Kaneez Fatima, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 on each date fixed in the matter 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 from disclosing such facts to the Court; (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 concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 25, 2025 Manish Kr NABAIL No. 3336 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad