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2025 DAILYLAW 85751 (ALL)

ROMA ALIAS RUPVATI v. STATE OF U.P.

NABAIL/6542/2025 · 2025-08-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145193 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6542 of 2025 Applicant :- Roma Alias Rupvati Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar,Sujan Singh 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. 599 of 2019, under Sections 304, 313, 506 I.P.C., Police Station Sadar Bazar, District Agra, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the allegation against the applicant is that she injected an injection deliberately to a pregnant lady on account of which the unborn child received hydroxia and lastly died. Learned counsel further submits that after due investigation the charge sheet has been submitted against all the accused including the applicant. Learned counsel further submits that applicant is only a nurse and on the date of incident she was working in the hospital under the direction and guidance of doctors. She had given the said injection on the prescription of doctor, which fact has also come into the joint inquiry report which inquiry was conducted by a team under the orders of the concerned District Magistrate. Thus, applicant has been falsely implicated in the case and there is an apprehension that she may be arrested in the above crime. 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 has also been submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the trial and would obey all the conditions of bail. 4. Learned A.G.A. for the State 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- Roma Alias Rupvati, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :- (i) The applicant shall attend the court proceedings as and when required and shall not sought any unnecessary adjournment. (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 to any police officer or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail. 9. 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 :- 22.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad