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Neutral Citation No. - 2025:AHC:87132 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6693 of 2024 Applicant :- Shilpi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Office vide its report dated 23.08.2024 has reported that notice issued to the informant has been served personally inspite of the same, none appears for the informant.
2. List revised. Heard learned counsel for the applicant, Sri Jai Kishan Chaurasia learned A.G.A. for the State and perused the record.
3. The present application has been moved seeking anticipatory bail in Case No. 4142 of 2023 (State Vs. Shilpi and others) arising out of Case Crime NO. 292 of 2021 under Sections 306, 506 I.P.C., Police Station Friends Colony, District Etawah, with the prayer that in the event of arrest, applicant may be released on bail.
4. Vide order dated 18.07.2024, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant..
5. Learned counsel for the applicant submits that the applicant is the wife of deceased and that no ingredients of Section 306 I.P.C. is made out against the applicant. Learned counsel further argued that there is no credible evidence against her. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and she 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 will co-operate with the investigation and would obey all conditions of bail.
6. Learned A.G.A. has opposed the application for anticipatory bail and that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet.
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 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. 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. Interim order, if any stands vacated.
10. The anticipatory bail application is rejected.
Order Date :- 22.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad