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Neutral Citation No. - 2025:AHC:89325 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7663 of 2024 Applicant :- Smt Mehsar Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Hasham Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey 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 Complaint Case No. 104 of 2024, under Sections 147, 323, 324, 307, 452 I.P.C., Police Station Chapar, District Muzaffar Nagar, with the prayer that in the event of arrest, applicant may be released on bail.
3. Learned counsel for the applicant submits that vide order dated 06.08.2024 the applicant was granted interim anticipatory bail till the next date of listing. 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, whereas there is no credible evidence against her. It was also submitted that applicant undertakes to cooperate during investigation and trial and she would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.
4. Learned A.G.A. and learned counsel for first 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 applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, the present anticipatory bail application is finally disposed of with the direction that, in the event of arrest, the applicant- Smt Mehsar Jahan, involved in the aforesaid case shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned the following conditions :- (i) The applicant shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail.
7. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad