Kanchan Singh vs State of U.P.

2. Present application has been moved seeking anticipatory bail in Case Crime No. 29 of 2018, under Section 447 IPC and Section 3 of Government Property Damages Act, Police Station Magorra, District Mathura with the prayer that in the event of arrest, applicant may be released on bail.

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3. It is contended by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that chargesheet has already been submitted in the present case and similarly placed co-accused Suresh Chand has already been granted anticipatory bail by this Court vide order dated 30.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 8479 of 2025. It is further submitted that as per the allegation in the FIR the applicant and other co-accused persons are said to have encroached upon the public land of pond. It was also submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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NABAIL No. 8358 of 2025

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4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that chargesheet has already been submitted in the present case and the applicant has not been co-operating in the investigation.

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5. In reply, learned counsel for the applicant submits that the applicant was having no knowledge of the pendency of the case and he has not been served any summons.

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6. I have considered the rival submissions made by learned counsel for the parties.

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7. In the present case chargesheet has already been submitted. One of the co-accused Suresh Chand has already been granted anticipatory bail by this Court vide order dated 30.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 8479 of 2025 and other accused persons have also been granted regular bail by the learned Sessions Court.

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8. 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, the 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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9. 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 merits, a case for anticipatory bail is made out.

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10. The anticipatory bail application is allowed .

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11. In the event of arrest of the applicant- Kanchan Singh involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the

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NABAIL No. 8358 of 2025

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like amount to the satisfaction of the Court concerned, with the following conditions :-

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

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(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;

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(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.

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

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12. 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 applicant herein.

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(Jitendra Kumar Sinha,J.)

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November 4, 2025 Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Kanchan Singh v. State of U.P.

Case brief

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Kanchan Singh v. State of U.P.

Case brief

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