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2025 DAILYLAW 78095 (ALL)

SMT ARTI v. State of U.P.

ABAIL/7134/2024 · 2025-06-30

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101930 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7134 of 2024 Applicant :- Smt Arti Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Deepak Singh Yadav,Rahul Yadav,Sanjay Yadav,Sheo Ram Singh Counsel for Opposite Party :- Adarsh Kumar,G.A. 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. 67 of 2024 under Sections 323, 504, 307, 506 I.P.C., Police Station Ramghat, District Bulandshahr, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case. It has further been submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. Learned counsel for the applicant submitted that in this case charge sheet has not been filed till today. 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. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. Vide order dated 5.9.2024, the Coordinate Bench of this Court has passed an order that this the next date of listing, the applicant shall not be arrested in the aforesaid case without leave of this Court. 6. 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. 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 applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant Smt. Arti involved in the aforesaid case crime shall be released on anticipatory bail till submission of charge sheet on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- i) the applicant shall make herself available for interrogation by a police officer as and when required; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and would not misuse the liberty of bail. 10. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 1.7.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad