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2025 DAILYLAW 85594 (ALL)

ASMEEN v. STATE OF U.P. AND ANOTHER

ABAIL/7870/2024 · 2025-05-25

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89357 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7870 of 2024 Applicant :- Asmeen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Sharma,Amit Kumar Chauhan Counsel for Opposite Party :- Arvind Kumar Srivastava,G.A.,Sunil Kumar Saroj Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for first informant, 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. 562 of 2023, under Sections 419, 420, 467, 468, 307 I.P.C., Police Station Mawan, District Meerut, 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 applicant is innocent and he has an apprehension that he 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 co-operate 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. 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, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. Order Date :- 26.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad