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2025 DAILYLAW 199815 (ALL)

REENA SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1453/2025 · 2025-10-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1453 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. appearing on behalf of the State. Notice to respondent no.2 is dispensed with in view of the proposed order. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0490/2024, under Sections 406, 409, 420, 504, 506 I.P.C., registered at Police Station Dewa, District Barabanki. An FIR has been lodged against thirteen persons, including the applicant, alleging that during the period 2020 to 2023, the applicant had collected and deposited an amount of approximately Rs.55 to 60 lakhs in the investment scheme of Time City Group. However, the investors were not refunded the amount as promised by the accused persons. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has duly explained the criminal history of ten cases in paragraph 16 of the bail application. It is submitted that all the FIRs have been lodged on similar allegations made by investors pertaining to the same company. Except for these cases, the applicant has no other criminal antecedents. The applicant has been implicated merely because he happens to be the General Manager of the said company, and there is no specific allegation of any overt act or direct involvement against him. It is further submitted that the co-accused persons, namely, Sushil Kumar Mishra and Pankaj Kumar Pathak, have already been Versus Counsel for Applicant(s) : Nadeem Murtaza, Wali Nawaz Khan Counsel for Opposite Party(s) : G.A. Reena Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) granted anticipatory bail and regular bail by this Court and by a Coordinate Bench of this Court. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation in the matter is still going on. On due consideration of the anticipatory bail orders already granted to the co-accused persons named above; the applicant has explained his criminal history; so also the undertaking given on his behalf to cooperate in the investigation; no civil proceedings have been initiated for the recovery of the alleged investment amount from the company, this Court is of the view that the applicant is also entitled to the benefit of anticipatory bail similar to the relief granted to the other co-accused persons in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant Smt. Reena Shukla shall be released on anticipatory bail in the aforesaid Case Crime Number on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, with the following conditions: The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and shall not influence any witness. The applicant shall remain present as and when the arresting officer/investigating officer/S.H.O. concerned calls her for investigation or interrogation. The applicant shall not leave India without the prior permission of the Court. The application is allowed. October 8, 2025 Madhu D.R/P.S NABAIL No. 1453 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench