Smt. Sunita Devi and Another vs State of U.P. and Another

The present application has been moved seeking anticipatory bail in Case Crime no.43 of 2025, under Sections 191(2), 191(3), 115(2), 110, 117(2) of B.N.S., Police Station Sadar Bazar, District Agra, with the prayer that in the event of arrest, applicants may be released on bail.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that no specific role has been assigned to any of the applicant. It is further submitted that general and omnibus role has been assigned to the applicants. It is further submitted that initially, the first information report was lodged under Sections 191(2), 191(3), 115(2) of B.N.S. later on Section 110 of B.N.S. has been added. It is also submitted that the applicants are having no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail.

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On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that he has not received instructions as yet.

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In reply, learned counsel for the applicant submits that the present anticipatory bail application was filed on 10.10.2025.

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NABAIL No. 8347 of 2025

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2

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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.

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In the event of arrest of the applicants - Smt. Sunita Devi and Smt. Nagina involved in the aforesaid case crime shall be released on interim anticipatory bail till 03.12.2025 on their 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 :-

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(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(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/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicants would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicants shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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List this case on 03.12.2025 as fresh.

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Learned AGA is directed to obtain instructions in the matter by the next date.

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November 4, 2025 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Smt. Sunita Devi and Another v. State of U.P. and Another

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Smt. Sunita Devi and Another v. State of U.P. and Another

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