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2025 DAILYLAW 84048 (ALL)

KIRAN DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER

ABAIL/7849/2024 · 2025-03-03

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30716 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7849 of 2024 Applicant :- Kiran Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvini Mishra,Farooq Ahmad,Maohammd Nadeem Counsel for Opposite Party :- Anjali Jaiswal,Dhirendra Kumar Verma,G.A.,Sanjay Kumar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No. 221 of 2024, under Sections 452, 323, 504, 308, 427, 506, 325 I.P.C., Police Station- Nawabganj, District- Prayagraj, during the pendency of trial. 3. Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Prima facie, no offence under alleged sections is made out against the applicants. He next submitted that instant anticipatory bail application has been filed after submission of charge-sheet and the all the alleged offences are below seven years offences. Lastly, it is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned A.G.A. vehemently opposed the anticipatory bail application of the applicants. 5. The relief as sought by the applicants through this application is refused. 6. However, it is directed that if applicants surrender before the concerned Court below within three weeks from today and apply for regular bail, their bail applications shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 4.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad