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2025 DAILYLAW 160928 (ALL)

DR. SRISHTI MATHUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/939/2025 · 2025-08-29

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 939 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rishad Murtaza, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0045 of 2021, under Sections 409, 420, 34, 120-B of I.P.C., registered at Police Station Kaiserbagh, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2021 against a solitary named accused person and some unnamed employees of Bhatkhande Music Institute Deemed University, near Kaiserbagh, an inquiry was conducted, in which, it transpired that Vice Chancellor of the University (the named accused) had got several works conducted in violation of the relevant financial rules and has spent Rs. 3, 08,00,000/- in an illegal manner. 4. During investigation, it transpired that the applicant, who is a professor and head of department of Vocal Music in the University was made convenor of a committee constituted by the Vice Chancellor of the University to office order dated 20.11.2018. The said committee consisted of five members and it was entrusted with a duty top apprise the Vice Chancellor regarding prize of various goods to be procured by the University after examining value of the goods in light of the relevant financial rules. 5. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is a 54 years lady having no criminal history and she has been falsely implicated in the present case merely because she has Versus Counsel for Applicant(s) : Rishad Murtaza, Aishwarya Mishra, Arnnav Prakash Tikku, Dhruv Mathur Counsel for Opposite Party(s) : G.A. Dr. Srishti Mathur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) done some works in performing of her duties as per direction of the Vice Chancellor. 6. The learned A.G.A-I has vehemently opposed the anticipatory bail application and he has produced a relevant extract of the case diary for perusal of the Court from which, it appears that in the statement of the applicant recorded by the Investigating Officer , she has stated that the Managing Committed of the Institute had taken a decision to construct Muktakashi Manch and KalaMandapam. As per order of Vice Chancellor of the University, the applicant had made signatures on some documents as she was a member of a committee which had approved the work. The applicant had denied her involvement in any embezzlement. He further submitted that charge-sheet has already been submitted against eight persons bu the investigation against the applicant is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges certain irregularities by the then Vice Chancellor of the University in carrying out certain works, which irregularities had come to light in an inquiry; the inquiry does not reveal involvement of the applicant in commission of the alleged irregularities; the applicant being a professor working in the University was a member of a committee and has made certain recommendations upon which action has been taken by the other authorities; the applicant has cooperated with the investigation which is apparent from her statement recorded by the Investigating Officer; the applicant is working as a professor in a University, she has no previous criminal history and there appears to be reasonable apprehension of her absconding from the process of law, I am of the view that the aforesaid facts are sufficient for making out a case for grant of anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Dr. Srishti Mathur before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves 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 ABAIL No. 939 of 2025 2 dissuade him 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. August 29, 2025 Preeti. ABAIL No. 939 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench