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Neutral Citation No. - 2025:AHC:89124 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13472 of 2023 Applicant :- Smt. Shilpa Bhatia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Srivastava,Gagan Pratap Singh Counsel for Opposite Party :- G.A.,Prem Narayan Singh,Ram Bahadur Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, 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. 496 of 2023, under Sections406, 420, 467, 468, 471 I.P.C., Police Station Hariparwat, District Agra with the prayer that in the event of arrest, applicant may be released on bail.
3. Vide order dated 06.12.2023, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant after calling counter and rejoinder affidavits.
4. Learned counsel for the applicant submits that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate 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, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
5. Learned A.G.A. has opposed the application for anticipatory bail.
6. 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 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.
7. 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.
8. Interim order, if any stands vacated.
9. The anticipatory bail application is rejected.
Order Date :- 26.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad