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2025 DAILYLAW 161963 (ALL)

AANSHI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO

ABAIL/962/2025 · 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 438 CR.P.C. No. - 962 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Saurabh Kumar, learned counsel appearing on behalf of the applicant as well as Shri Nagarjun Pandey, the learned State counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.209 of 2021, under Sections 147, 452, 323, 504, 506, 427, 447, 448, 419, 420, 406, 466, 467, 468, 471 of I.P.C., registered at Police Station- Bazar Shukul, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2021 against 5 named persons including the applicant, her father, mother, brother and sister, and six unnamed persons, in furtherance of an application under Section 156(3) Cr.P.C., alleging that the applicant's father i.e. co-accused Surendra Mohan Singh had wrongfully withdrawn some amount from the bank account of the informant's father and thereafter, he forged some documents to grab the property of the informant's father. 4. The F.I.R. states that a civil suit No.1560 of 2020 is pending before the Civil Judge (Junior Division), Court no.15, Sultanpur in which a interim order has been passed directing the parties to maintain the status quo. The F.I.R. further states that all the accused persons tried to forcibly take possession of the property in dispute on 10.11.2020 and they all attacked the family members of the informant. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent lady aged 25 years, having no criminal history and she has been falsely been implicated in the present case. Versus Counsel for Applicant(s) : Saurabh Kumar, Sunil Kumar Misra Counsel for Opposite Party(s) : G.A. Aanshi Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) 6. Co-accused Aastha Singh, who is the applicant's sister, has been granted anticipatory bail by means of an order dated 25.07.2025 passed by the Co- ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 438 BNSS No.813 of 2025. 7. Although the learned State counsel has opposed the prayer for bail but he could not dispute the fact that role assigned to the applicant is similar to the role assigned to the co-accused Aastha Singh who has already been granted bail. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity. 9. 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 ABAIL No. 962 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench