SHREYA SHUBHAM SINGH v. STATE OF U.P. AND 2 OTHERS
ABAIL/11908/2024 · 2025-03-09
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110592 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110592 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34533 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11908 of 2024 Applicant :- Shreya Shubham Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A.,Kalyan Sundram Srivastava,Mahesh Pandey Hon'ble Deepak Verma,J.
1. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Mahesh Pandey, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 07 of 2024, under Sections 419, 420, 201, 467, 468, 471, 34 IPC and Section 66-C, 66-D of I.T. Act, Police Station- Cyber Crime, District- Prayagraj, till conclusion of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant FIR has been lodged against one unknown person alleging therein that informant received LIC amount after death of her husband in her account but the same was withdrew by some unknown person. Applicant is lady and during investigation, I.O. has submitted charge sheet against two accused persons, namely, Shubham Singh and Shivendra Sagar Mitra and applicant has been implicated in the present case being wife of co-accused- Shubham Singh. Applicant having no concern with the present case. It has been submitted that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail. 4. Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that during investigation, I.O. has found that amount has transferred in the account of applicant, thereafter, applicant withdrew the alleged amount. Prima facie offence is made out against the applicant. Applicant and her husband/co-accused-Shivam Singh, in collusion, withdrew the informant's money, which is also evident from the statement of informant/victim. Applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant
may be rejected. 5. The object of Anticipatory bail is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6.
It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Considering the argument advanced by applicant's counsel, learned AGA and perused the record, it is evident that the alleged amount has been transferred in the account of applicant, thereafter, applicant withdrew that amount. Applicant done this fraud in collusion with her husband-Shivam Singh. Hence, looking to the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of the applicant- Shreya Shubham Singh, is hereby rejected. Order Date :- 10.3.2025 Nitin Verma (Justice Deepak Verma) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad