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2025 DAILYLAW 120514 (ALL)

SAROJ DUBE v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

NABAIL/90/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 90 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vishva Nath Pratap Singh, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 05.02.2025: "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No.0453 of 2024 under Sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C. Police Station Raunahi, District Ayodhya. Contention of learned counsel for the applicant is that the applicant is innocent and she has been falsely implicated in the present case. He submits that though the applicant has been shown to have executed an agreement by showing herself to be the executor but she is not the beneficiary of the agreement to sale as the consideration is incredited in the account of one Amit Singh which is an admitted fact. He added that the applicant has been made scapegoat and in fact, there was no mens rea to commit any offence as has been narrated in the F.I.R. Further submission is that the applicant is undertaking that she will co-operate with the investigation proceedings and she will remain present before the Versus Counsel for Applicant(s) : Vishva Nath Pratap Singh, Amrendra Singh Counsel for Opposite Party(s) : G.A., Ajay Veer Singh, Amit Bhardwaj Saroj Dube .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) Investigating Officer as and when required and the applicant has no previous criminal history and she is a law abiding citizen and she has acute apprehension of being arrested by the police, as such, she may be granted anticipatory bail which she will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that she has committed the offence, as such, she is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Saroj Dube shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in first week of March 2025. In the meantime, the opposite parties shall file their counter affidavits." 3. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation. NABAIL No. 90 of 2025 2 4. The applicant has filed a rejoinder affidavit. 5. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 05.02.2025 is made absolute in terms of the aforesaid order. September 17, 2025 S. Shivhare NABAIL No. 90 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench