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2025 DAILYLAW 51751 (ALL)

ANARKALI v. STATE OF U.P.

BAIL/14473/2025 · 2025-05-11

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77304 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14473 of 2025 Applicant :- Anarkali Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No. 399 of 2024, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station - Kalan, District - Shahjahanpur. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent who is 82 years old lady and she has not committed any offence as alleged in the F.I.R. It is further submitted that she has been falsely implicated in the instant case due to ulterior motive. It is also submitted that mutation of alleged land has been cancelled and learned counsel appearing on behalf of the applicant, on instructions, has submitted that the applicant is not in possession of the said disputed land. It is also submitted that applicant is the lady of clean antecedents and she has no previous criminal history. Applicant is languishing in jail since 10.03.2025. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned Brief-holder for the State vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel appearing on behalf of applicant, Sri Vinay Kumar Singh, learned Brief-holder appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. The applicant is 82 years old lady and there is no previous criminal history against the applicant; applicant is the lady of clean antecedents; applicant is languishing in jail about two months; it is also taken into consideration that as per the statement given by learned counsel appearing on behalf of the applicant, on instructions, that mutation has already been cancelled and applicant is not in possession of the said land; it is also undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant will grant bail she will not influence the trial or influence the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is released on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Anarkali, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.5.2025 #Vik/- (Chandra Dhari Singh,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad