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2025 DAILYLAW 110329 (ALL)

JYOTI v. STATE OF U.P. AND ANOTHER

ABAIL/11773/2024 · 2025-01-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13944 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11773 of 2024 Applicant :- Jyoti Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 461 of 2022, under Sections 420, 467, 468, 120B IPC & Section 66D I.T. Act, Police Station- New Agra, District- Agra, during the pendency of the case. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Applicant is a lady having no concern with the alleged incident. Applicant is not named in the first information report. Name of the applicant surfaced in the present case on the basis of statements of co-accused, namely, Manish Rajpoot and Akash. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that co-accused persons have specifically stated that applicant was employee in the ICICI Bank and provided fabricated credit card and in lieu thereof, money has been transferred in their accounts. Prima facie, offence is made out against the applicant. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions advanced by learned counsel for the parties and perused the entire record. From perusal of the contents of first information report as well as other material evidences available on record, prima facie, offence is made out against the applicant. No case for interference by this Court is made out. 6. Accordingly, the instant anticipatory bail application stands rejected. 7. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of two weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 27.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad