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2025 DAILYLAW 49820 (ALL)

SMT. PARVEEN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/3463/2025 · 2025-07-15

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114444 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3463 of 2025 Applicant :- Smt. Parveen And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, 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. 06 of 2025, under Sections 498A, 304B, 304A I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Hapur Nagar, District Hapur with the prayer that in the event of arrest, applicants may be released on bail. 3. Learned counsel for the applicants submits that the applicants are married Nanad, who have been falsely implicated in the present case. He further submits that the trial of the accused husband, father-in-law brother-in-law as well as other family members had commenced, which has culminated in their acquittal, copy of the Judgement and order dated 04.06.2009 is annexed as Annexure-6 to the affidavit accompanying the anticipatory bail application. Learned counsel for the applicants submits that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against them, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against them. It has further been submitted that applicants undertakes to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. 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. 6. 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, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicants Smt. Parveen, Smt. Ishrat, Smt. Musrat @ Mushfi involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 investigation and trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. Order Date :- 16.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad