HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11432 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears on behalf of informant, though names of Shri Kamlakar Pal and Ms. Sakshi Srivastava have been printed in the cause list. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 167 of 2022, under Sections 406, 506 I.P.C., Police Station Jawan, District Aligarh, with the prayer that in the event of arrest, applicant may be released on bail. 4. Learned counsel for the applicant argued that there is no credible evidence against the applicant. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to cooperate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and submits that applicant is not appearing regularly before the trial court. 6. Perusal of order sheet of the trial court goes to show that six times the applicant has moved her application for exemption of appearance, therefore, it appears that she is not appearing regularly before the trial court and is not cooperating with the trial. 7. In the 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 Versus Counsel for Applicant(s) : Sheshadri Trivedi Counsel for Opposite Party(s) : G.A., Kamlakar Pal, Sakshi Srivastava Sandhya Rani .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 merit of the case, no case for anticipatory bail is made out. 9. The anticipatory bail application is rejected. 10. Interim order, if any stands vacated. September 16, 2025 Mustaqeem. ABAIL No. 11432 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad