NEETU MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
ABAIL/527/2025 · 2025-08-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139341 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49150 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 527 of 2025 Applicant :- Neetu Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vinay Kumar Verma,Neetesh Kumar Counsel for Opposite Party :- G.A.,Bhanu Pratap Kushwaha Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Vinay Kumar Verma, learned counsel for the applicant and Shri Jayant Singh Tomar, 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 14.05.2025:
"1. Heard learned counsel for applicant and learned A.G.A. for State while power on behalf of opposite party no.2 has been filed by Mr. Bhanu Pratap Kushwaha, Advocate, which is taken on record. 2. First anticipatory bail application has been filed with regard to case crime No. 160 of 2021, under Sections 406 & 420 IPC, P.S. Ramkot, District Sitapur. 3. As per contents of FIR, the informant who has introduced himself as an agent of Sangharsh Total Solution Private Limited has alleged that the applicant alongwith co-accused are Directors of the said Company and have deceived various investors of their money by not making any returns either of principal or interest. 4. It is submitted that applicant has been falsely implicated in allegations levelled against her which would be evident from the fact that although applicant has been introduced as a Director but is in fact only an agent with her husband Rajendra Prasad Mishra being a Director in the Company. It is submitted that applicant's husband has already been enlarged on bail by this Court in Bail Application No. 10567 of 2023. It is submitted that applicant does not have any previous criminal history and has co-operated during investigation. 5. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that applicant is in fact, the Directors of the Company and not an agent and therefore allegations are clearly made out against her. It is, however, admitted that co-accused and husband of
applicant Rajendra Prasad Mishra and other co-accused have already been enlarged on bail by this Court in bail applications annexed as annexure nos. 10, 11 & 12 to the affidavit filed in support of application. 6.
Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the aspect of involvement of applicant as either a director or any agent would require consideration. Co-accused have already been enlarged on bail as indicated hereinabove. General role of deceiving the public has been attributed without any specific involvement of applicant being indicated. 7.Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Neetu Mishra shall be released forthwith, in case of his arrest 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) 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 him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 8. Two weeks' time is granted for filing of objections. 9. List this case on 04.06.2025, as fresh showing the name of Mr. Bhanu Pratap Kushwaha as learned counsel for opposite parties."
3. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation and a copy of the charge sheet dated 09.04.2021. 4. Learned counsel for the complainant has put in appearance by filing his vakalatnama on behalf of the complainant but has not filed any counter 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 14.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench