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2025 DAILYLAW 171173 (ALL)

KISHORI DEVI v. STATE OF U.P.

NABAIL/8731/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8731 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Kartikey Pandey, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. Present application has been moved seeking anticipatory bail in Case Crime No. 83 of 2025, under Section 409 IPC, Police Station Trilokpur District Siddharth Nagar with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant and she has been falsely implicated in the present case due to political reasons. It is also submitted that investigation in the present case is still in progress and the arrest of other co-accused persons has already been stayed by a co-ordinate Bench of this Court vide order dated 20.6.2025 passed in Criminal Misc. Writ Petition No. 13150 of 2025 till cognizance is taken on the police report. It is also submitted that a show cause notice was issued to the applicant regarding some alleged financial irregularities committed as Village Pradhan. It is further submitted that the said show cause notice has been challenged before this Court in a writ petition, which is still pending. It is further submitted that no irregularity has been committed by the applicant in performing her duties. It was also submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the Versus Counsel for Applicant(s) : B.S. Pandey, Kartikey Pandey Counsel for Opposite Party(s) : G.A. Kishori Devi .....Applicant(s) State of U.P. .....Opposite Party(s) investigating agency or Court. It has been stated that in case applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that public money in excess of Rs. 23,00,000/- has been misused and misappropriated by the applicant. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The arrest of other co-accused persons has already been stayed by a co- ordinate Bench of this Court vide order dated 20.6.2025 passed in Criminal Misc. Writ Petition No. 13150 of 2025 till cognizance is taken on the police report. The applicant has also challenged the show cause notice by filing a writ petition, which is still pending. The applicant is alleged to have misused the public money in excess of Rs. 23,00,000/- meant for development projects and investigation is still in progress. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Kishori Devi involved in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the NABAIL No. 8731 of 2025 2 like amount to the satisfaction of the Court concerned till submission of police report under Section 193(3) BNSS, with the following conditions :- (i) The applicant shall not tamper with evidence and that she would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 29, 2025 Abhishek NABAIL No. 8731 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad