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2025 DAILYLAW 85220 (ALL)

SMT PUSHPA DEVI v. STATE OF U.P.

NABAIL/6501/2025 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138429 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6501 of 2025 Applicant :- Smt Pushpa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- 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. 132 of 2025, under Sections 105, 288 of B.N.S. and Section 9-B of Explosive Act, 1984, Police Station Secot-20 NOIDA, District Gautam Buddh Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel for the applicant that the applicant is named in the F.I.R. along with one other co-accused. The applicant is the owner of the house. She had rented out a floor of her house to the co-accused, Talwardev, who had kept crackers in his rented portion. On the day of incident an explosion caused on account of which two girls who were also residing in another floor of the same house of the applicant, sustained burn injuries, out of which one girl had died. The co-accused, who had kept the crackers has already been enlarged on bail by the court below. Learned counsel further submits 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 has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and 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 cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has 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, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant- Smt Pushpa Devi, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :- (i) the applicant shall make himself 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/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would cooperate during investigation and trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 13.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad