SMT. ANARKALI v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
NABAIL/345/2025 · 2025-04-22
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134569 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22592 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 345 of 2025 Applicant :- Smt. Anarkali Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Dharmendra Bahadur Singh,Ajay Kumar Soni Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State. In view of order being passed, notice to opposite party No.2 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 289 of 2024 under Sections 318(4), 316(2), 338, 336(3), 340(2), 3(5), 115(2), 351(2), 352 BNS & 3/21 The banning of unregulated Deposit Scheme Act 2019, P.S. Kotwali badosarai, District Barabanki. As per contents of first information report, the informant was allegedly duped by the main accused Ram Naresh Verma of investing in a company named LUCC Da Loni Urban Multi State Credit and Thift Cooperative Society but failed to return the investment. It is alleged that when the informant went to seek return of her investment the applicant who is wife of main accused Ram Nareesh Verma alongwith her family members insulted the applicant and attacked her inflicting injuries. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against her only on account of the fact that she is wife of the main accused Ram Naresh Verma who is indicated as Cooperative Promoter of the aforesaid cooperative society. It is submitted that there is no allegation against the applicant of having induced any investment made in the said society by the applicant and that only role assigned to her is of insulting and attacking the informant when she came seeking return of investment. It is submitted that applicant has previous criminal history of four cases which has been explained. Learned A.G.A. has opposed bail application but does not dispute the said facts and submits that investigation is still underway. Upon consideration of submissions advanced by learned
counsel for parties and perusal of material on record, prima facie, it appears that there is no allegation levelled against the applicant of having duped the informant for making any investment in cooperative society.
The applicant appears to be nominated only on the basis of being wife of the main accused Ram Naresh Verma and of having insulted and attacked the informant when she came to demand her money. The applicant's four cases of criminal history has already been explained. It appears that investigation is still underway and there is nothing in the instructions that she is not cooperating in the investigation. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Smt. Anarkali shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 22.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench