The High Court allowed the anticipatory bail application of two female applicants accused of attempted murder and hurt, observing it is a fit case for bail till the end of the trial, relying on Sushila Aggarwal.
Anticipatory bail granted till the end of the trial upon furnishing a personal bond of Rs. 50,000/- with two sureties each.
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Neutral Citation No. - 2025:AHC:36441
Court No. - 82
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1305 of 2025
Applicant :- Kumari Neelam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
It is further submitted that vide order dated 6.7.2023, the applicants were granted anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 7543 of 2023 till submission of police report under Section 173(2) CrPC and they have not misused the protection granted to them. No custodial interrogation is required from the applicants.
It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.
It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter.
(i) The applicants shall make themselves available before the court concerned on the date fixed in the matter;
(ii) The applicants 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 from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned.
Order Date :- 12.3.2025
safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are entitled to anticipatory bail in case of their arrest?
Whether the anticipatory bail should be granted till the end of the trial?
Colour shows how this judgement treated each authority
Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr.Relied on¶14
Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 · Who else cites this
4 provisions across 3 enactments
Kumari Neelam And Another
State of U.P. and Another
Nalin Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
