HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1246 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel appearing on behalf of the applicant as well as the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.349(F) of 2012 FIR No.67 of 2013 under sections 419, 420, 467, 468, 471, 506 I.P.C., P.S. Krishna Nagar, Lucknow. 3. The application has been filed directly before this court as the applicant is a resident of Jharkhand and the first information report has been registered at Lucknow. 3. The learned counsel for the applicant has drawn attention of this court towards Full Bench judgment in Ankit Bharti versus State of U.P. and another AIR OnLine 2020All 694. 4.I have perused the record. A perusal of the record shows that the case of the accused applicant is covered under exception clause of Ankit Bharti's case(supra) and the application can be entertained directly before this court. 5.It is alleged in the prosecution case that the applicant and the co-accused persons have allured the complainant and numerous other persons to make investments in VCare Multitrade Private Limited company for purchasing Versus Counsel for Applicant(s) : Ajai Kumar Srivastava, Rajesh Kumar Lodhi Counsel for Opposite Party(s) : G.A. Madhumita Kaur .....Applicant(s) Economic Offence Wing Thru. Its Director U.P. And Another .....Opposite Party(s) policies, as such the complainant has deposited Rs.30,000/- per annum for purchasing insurance and other products. However, the money has been usurped and it is alleged that forged papers have been prepared by the accused persons and when they demanded the money, they hurled abuses and threat to kill was given. 6. Learned counsel for the applicant submits that the applicant applicant is a lady. She has explained criminal history of 19 cases in the supplementary affidavit which flow from the same nature of complaint. More or less the same accusations relating to the same company have been made. Other than these, the applicant has no other criminal history. In case crime No.349-1 of 2012, the applicant has been granted anticipatory bail by a Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail U/S 438 Cr.P.C. No. 994 of 2025 decided on 10.9.2025. The applicant's counsel submits that the Director of the aforesaid company Gurjeet Singh has been granted bail by the Supreme Court vide order, Annexure No.9 to the bail application. It is submitted that the first information report has been registered in the year 2012. The investigation is still going on. The allegations are vague and general in nature. The company is being operated by her husband Gurjeet Singh. She is innocent. 7. The learned A.G.A. has opposed the prayer for bail. He submits that the applicant has a chequered criminal history of 18 other cases. The co-accused Gurjeet Singh has been granted regular bail by the Supreme Court. In this case crime number, none of the co-accused has been granted anticipatory bail. Against all the co-accused persons, charge sheet has been filed. It is only the applicant who is not cooperating in the investigation and charge sheet could not be filed. Proclamation under sections 82/83 CrPC has been issued against the applicant. The applicant is absconding. Custodial interrogation is required. 8.Learned counsel for the applicant while rebutting the contention of learned A.G.A. has relied on a judgment of Supreme Court in Asha Dubey versus State of Madhya Pradesh 2024 SCC OnLine SC 5633 and submits that mere declaration under section 82 CrPC cannot be a ground to decline anticipatory bail. ABAIL No. 1246 of 2025 2 9.A perusal of the record shows that the first information report was registered in the year 2012. The applicant has a criminal history of 19 other cases. In none of the cases the applicant has been granted anticipatory bail and none of the co-accused in this case crime has been granted anticipatory bail. The co-accused Gurjeet Singh has been granted regular bail by the Supreme Court. Against rest of the co-accused, charge sheet has been filed. It is only because of non-cooperation of the applicant charge sheet could not be filed for several years. Proclamation under sections 82/83 CrPC have already been issued. As regards the case of Asha Dubey (supra), the court was of the view that custodial interrogation was not required whereas in the present case, considering the peculiar facts of this case, this court is of the opinion that custodial interrogation may be required. Thus, no case for anticipatory bail is made out. 10.The application is dismissed. November 25, 2025 kkb/ ABAIL No. 1246 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench