Allahabad High Court
SMT. MUNNI DEVIversusSTATE OF U.P.
- Decided
- Bench
- SIDDHARTH
Holding
Anticipatory bail was not granted as the applicant failed to comply with earlier court directions and the case was not fit for such relief.
Summary
Munni Devi applied for anticipatory bail under Section 482 of the CrPC in a case involving offences under Sections 420, 467, 468 and 471 IPC. Her earlier anticipatory bail application had been rejected, with a direction to appear before the trial court and seek regular bail, which she failed to do. After the charge‑sheet was filed, she again sought anticipatory bail, despite having ignored a prior order under Section 528 directing her to surrender and apply for bail within three weeks. The court noted that the co‑accused had already been granted regular bail, and that Munni Devi’s non‑compliance demonstrated a lack of cooperation with the judicial process. Consequently, the court held that the circumstances were not suitable for granting anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail can be granted after the filing of a charge‑sheet when the applicant has failed to appear before the trial court as previously directed.
- Whether non‑compliance with earlier bail conditions and directions under Section 528 precludes the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
Subjects
- anticipatory bail
- Section 482 CrPC
- Section 528 CrPC
- non‑compliance
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8079 of 2026
Smt. Munni Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mahendra Tripathi
Counsel for Opposite Party(s) : Dharam Veer Singh, G.A.
Court No. - 43
HON'BLE SIDDHARTH, J.
Heard learned counsel for the applicant, learned counsel for the informant, and learned
A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant,
Munni Devi, with a prayer to release her on bail in Case Crime No. 250 of 2024,
under Sections 420, 467, 468, and 471 IPC, Police Station Makkhanpur, District
Firozabad.
The first Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 4384 of
2025 of the applicant was rejected by this Court on 23.06.2025, with liberty to her to
appear before the trial court and apply for regular bail within 60 days, and she was
granted protection for the aforesaid period, but she did not appeared before the trial
court. Now, the present anticipatory bail application has been filed after submission of
charge-sheet against the applicant.
Learned counsel for the applicant has admitted that the co-accused has already been
granted regular bail.
Learned counsel for the informant informs that an application U/S 528 BNSS of 2025
was preferred by the applicant, wherein she was directed to surrender and apply for
bail before the trial court within three weeks and three weeks' protection was granted
to her, but she did not complied the same.
In view of the above, this Court finds that it is not a fit case for granting anticipatory
bail.
The application is, accordingly, rejected.
September 11, 2026
Ruchi Agrahari
(Siddharth,J.)
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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