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2025 DAILYLAW 160946 (ALL)

NISHA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1137/2025 · 2025-09-03

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. - 1137 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Alok Pandey, learned counsel appearing on behalf of the applicant as well as Shri Mohd. Asif Khan, learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0088 of 2024, under Sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., registered at Police Station- Ramganj, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2024 against ten named persons, in furtherance of the application under Section 156(3) Cr.P.C., stating that the accused persons have deceived numerous persons known to the complainant in the name of getting them employed in the Centre for Pollution Control. The F.I.R. states that Rs.48,93,000/- were transferred to the bank accounts of Dev Traders, Rohit Kumar and Indra Kumar Tiwari, Rs.22,00,000/- were taken from the complainant and his acquaintances in cash and that Rahul Mishra and Nisha Mishra (the applicant) took Rs.28,90,000/- by account transfer and they took Rs.125000/- in cash. The accused persons declined to refund the money upon being asked. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent woman, having no criminal history and she has been falsely been implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant explaining certain defects in the affidavit at the aforesaid affidavit. Versus Counsel for Applicant(s) : Alok Pandey, Amit Pandey Counsel for Opposite Party(s) : G.A. Nisha Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. The learned A.G.A.-I has vehemently opposed the prayer for bail and he has submitted that the applicant and other accused persons were involved in duping numerous people and the investigation in the matter is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges that the accused persons have duped numerous persons, the victims have not come forward to make allegations; that the informant has not disclosed the amount paid by him; that the applicant is a woman having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting 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 before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on 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 himself/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 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. September 3, 2025 S. Shivhare NABAIL No. 1137 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench