HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1417 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.206 of 2024 under sections 406, 420 I.P.c., P.S. Mishrikh, district Sitapur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the daughter of the informant was fixed with Vishal Mishra on 21.4.2024, however, before that, the complainant's daughter eloped with Vishal Mishra as both were in love relationship. Thereafter, she came back and alleged that Vishal and his family members are demanding dowry, and demanded her share in the shop. The son of the complainant Nanakmani Tripathi sold the shop in Rs.22 lacs and transferred Rs.15 lacs in the account of the applicant and the rest of the money was given in cash. From that money, a bolero car was purchased in the name of Vishal Mishra and after days, the applicant came on Bolero car and took cash as well as jewellery kept in the house and started going away, which was objected by the complainant and family members. It is alleged that fraud has been committed by the applicant and her alleged husband who was in live-in-relationship and firstly compelled the complainant to sell her shop and thereafter has filed suit for partition in the competent civil court. 4.Learned counsel for the applicant submits that the applicant is a lady Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Radhamani Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) having no criminal antecedent. The offences alleged are under sections 406 and 420 I.P.C. It is submitted that same act or transaction cannot result in an offence of cheating and criminal breach of trust simultaneously in view of judgment in Delhi Race Club (1940) Limited versus State of U.P. (2024)10 SCC 690. It is further submitted that the charge sheet has been filed. Offences are triable by Magistrate. The co-accused Ramjivan Mishra has been granted anticipatory bail vide roder dated 14.11.2025 passed in Anticipatory Bail No.1264 of 2025. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that she shall cooperate in the trial, partition suit is pending between the parties, offences are triable by Magistrate, charge sheet has been filed, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and Delhi Race Club case (supra) and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. ABAIL No. 1417 of 2025 2 9. The application is allowed accordingly. December 19, 2025 kkb/ ABAIL No. 1417 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench