SHINOVA RAJESH SONI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
ABAIL/2417/2024 · 2025-05-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166242 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26455 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2417 of 2024 Applicant :- Shinova Rajesh Soni Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Viresh Pratap Singh,Abhishek Srivastava,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Abhishek Tiwari,Pranjal Krishna,Rishabh Chauhan Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Srivastava, the learned counsel for the applicant, Mohd. Asif Khan, the learned Additional Government Advocate-I appearing on behalf of the State, Sri Suhail Ashraf, Advocate holding brief of Sri Pranjal Krishna and Sri Rishabh Chauhan, the learned counsel for the informant 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.102 of 2024, under Sections 120-B, 195, 386, 388, 504, 506 I.P.C., registered at Police Station Hazratganj, District Central Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.04.2024 against six persons, including the applicant stating that the informant's husband was contesting parliamentary elections 2024 from Gorakhpur constituency. The co-accused-Aparna Soni threatened the informant that she would entangled her husband in a false rape case and she demanded rupees twenty crores from the informant on
15.04.2024. The co-accused Aparna Soni had conducted a press conference at Lucknow. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, she has no criminal history and she has been falsely implicated in the present case. A copy of notice dated 12.05.2023 sent by an advocate on behalf of Aparna Soni has been annexed with the anticipatory bail application through which a sum of rupees twenty crores were demanded. 5. The informant has filed a counter affidavit opposing the anticipatory bail application. The informant has annexed a copy of reply dated 26.06.2023 sent in response to the aforesaid notice dated 12.05.2023 sent by the applicant through her counsel. 6. The State has also filed a counter affidavit annexing therewith copies of the relevant material collected during investigation. 7. From the aforesaid facts, it appears that there is some dispute between the parties regarding which legal notices and replies have been sent through advocates.
Although, the F.I.R. alleges threat and attempt to make extortion but at the same breath the F.I.R. also states about holding a press conference by Aparna Soni, which does not appear to be a usual mode of blackmailing and extortion. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a lady and she has no criminal history and without making any observations which may affect the outcome 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. 9. In view of the above, the anticipatory bail application of the
applicant is allowed. In the event of arrest/ appearance of applicant-Shinova Rajesh Soni before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her 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 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. . (Subhash Vidyarthi, J.)
Order Date :- 6.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench