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2025 DAILYLAW 70539 (ALL)

NANDANI RAMCHANDANI v. State of U.P. AND ANOTHER

ABAIL/5887/2024 · 2025-07-08

Gautam Chowdhary

body2025

Judgment text

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Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5887 of 2024 Applicant :- Nandani Ramchandani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Opposite Party :- G.A.,Istyak Khan Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 13 of 2023, under Sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Swaroop Nagar, District Kanpur Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against him, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against him.He further submits that the 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. 4. Learned A.G.A. has opposed the application for anticipatory bail by contending that since in the matter charge sheet has been filed, therefore, applicant deserves no indulgence at this stage. 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, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. 8. Interim order, if any, stands vacated. Order Date :- 9.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad