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2025 DAILYLAW 161080 (ALL)

SMT. KIRAN SHAHI v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. HOME U.P. LKO.

ABAIL/947/2025 · 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. - 947 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Kunwar Bahadur Singh, learned counsel for the applicant, Shri Ashok Kumar Singh, learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.06 of 2006 under Sections 120-B, 420, 413, 414 of I.P.C. registered at Police Station- S.I.T., District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.04.2022 against four named persons, not including the applicant and some unknown persons, stating that the named accused persons Nanmoon Maurya and his wife- Anju Maurya runs Customer Service Centres of SBI and another named accused person Rajesh Pathak is Lekhpal. Financial condition of the aforesaid three persons has improved surprisingly during the past 3-4 years and the informant has come to know that these persons are involved in fraudulent withdrawal of GPF and other service dues of employees. 4. During investigation, it came to light that some amount was transferred to the applicant's bank account also whereupon he has been made an accused in the present case. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. A co-accused- Ram Karan has been granted anticipatory bail by Versus Counsel for Applicant(s) : Kunwar Bahadur Singh Counsel for Opposite Party(s) : G.A. Smt. Kiran Shahi .....Applicant(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s) means of an order dated 21.12.2023 passed by this Court in Crl. Misc. Anticipatory Bail Application No.2607 of 2023. Some other co- accued Amit Shahi, Nitish Kumar Shahi and Sudhanshu Shahi have been granted anticipatory bail in the present case, copies of their bail orders are annexed with the bail application. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that investigation in the matter is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR and that four other co-accused persons have been granted anticipatory bail and 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. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on their 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. August 29, 2025 -Amit K- ABAIL No. 947 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench