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2025 DAILYLAW 71189 (ALL)

KANCHAN AND ANOTHER v. STATE OF U.P.

NABAIL/5367/2025 · 2025-07-15

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114494 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5367 of 2025 Applicant :- Kanchan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- Ajay Kumar Upadhyay,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Ajay Kumar Upadhyayay, learned counsel for the informant learned A.G.A. for the State and perused the record. 2. The present application has been moved by the applicants namely, Kanchan and Durgawati seeking anticipatory bail in Case Crime No. 0114 of 2025 under Sections 110, 191(2), 125, 115(2), 352, 351(3), 105 of B.N.S., Police Station Lalganj, District Basti with the prayer that in the event of arrest, applicants may be released on bail. 3. 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, whereas there is no credible evidence against them. Learned counsel further submits that no coercive process has been issued against the applicants so far. He also submits that the applicants undertakes to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. Learned counsel next argued 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. as well as learned counsel for the informant have 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 applicants 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 moved on behalf of the applicants namely, Kanchan and Durgawati is rejected. Order Date :- 16.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad