Anita Devi vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9049 of 2025

Anita Devi

.....Applicant(s)

Versus

State of U.P. and Another				.....Opposite Party(s)
Counsel for Applicant(s)	:	Deepankar Pandey	Shukla,	Mukesh Kumar
Counsel for Opposite Party(s)	:	G.A.
Court No.- 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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1. Heard Sri Praveen Kumar Sharma, holding brief of Sri Mukesh Kumar Pandey, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 194 of 2019, under Sections 420, 406, 504, 506, 120B IPC, Police Station Ayana, District Auraiya with the prayer that in the event of arrest, applicant may be released on bail.

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3. Learned counsel for the applicant submits 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 and the maximum punishment which can be imposed on conviction is 07 years and the offences under Sections 420 and 406 IPC cannot stand together in view of the law laid down by Hon'ble Apex Court in Delhi Race Club. It is also submitted that chargesheet has already been submitted. It is further submitted that the applicants were not arrested during investigation and she was served with a notice under Section 41-A CrPC. 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. 9049 of 2025

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2

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4. 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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5. Learned AGA has opposed the prayer for grant of anticipatory bail and submitted that process under Section 82 CrPC is said to have been issued against the applicant as mentioned in the order of learned Sessions Judge while rejecting the anticipatory bail application of the applicant. He further submits that he has not received instructions regarding issuance of process under Section 82 CrPC.

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6. Considering the above submissions of the learned counsel for the applicant and without expressing any opinion on merits, the applicant- Anita Devi involved in the aforesaid case crime be released on interim anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 11.12.2025 with the following conditions :-

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(i) The applicant shall not tamper with evidence and that she 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 interim interim anticipatory bail bail.

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

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

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NABAIL No. 9049 of 2025

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3

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granted to the applicant herein.

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8. List this case as fresh on 11.12.2025.

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9. In the meantime, learned counsel for the applicant is directed to file supplementary affidavit annexing therewith certified copy of entire order sheet of the learned trial Court.

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(Jitendra Kumar Sinha,J.)

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November 19, 2025

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Abhishek

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

Anita Devi v. State of U.P. and Another

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Anita Devi v. State of U.P. and Another

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