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2025 DAILYLAW 21167 (ALL)

KUMARI SHAHIN v. STATE OF U.P. AND ANOTHER

NABAIL/1454/2025 · 2025-09-17

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1454 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Sri Vijay Bahadur Maurya, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Shiv Prakash Gupta, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 24 of 2018, under Sections 409, 420, 467, 468, 471, 120B IPC and Section 8 P.C. Act, Police Station E.O.W. Sector Meerut, District Meerut with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant was Principal in a school and as per allegation she misappropriated the scholarship amount of the students along with others but entire allegation leveled against the applicant is totally false. 5. He further submits, FIR of the present case was lodged in the year 2018 and till date with regard to the applicant investigation is pending but when Investigating Officer started making attempt to arrest the applicant then she filed instant anticipatory bail application before this Court in the year 2025 and on 06.03.2025 the co-ordinate Bench of this Court was pleased to enlarge her on interim anticipatory bail. 6. He further submits, applicant is a lady and she is not having any criminal Versus Counsel for Applicant(s) : Shiv Prakash Gupta Counsel for Opposite Party(s) : G.A. Kumari Shahin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) history. 7. He further submits, therefore, interim anticipatory bail granted to the applicant vide order dated 06.03.2025 may be confirmed and applicant may be enlarged on anticipatory bail till conclusion of trial. 8. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, being Principal of an educational institution applicant misappropriated the scholarship amount of the students along with others but it reflects, FIR of the present case was lodged in the year 2018 and till date no charge-sheet has been filed. 11. Further, record suggests that when in the year 2025 Investigating Officer made attempt to arrest the applicant then applicant approached this Court and filed instant anticipatory bail application and vide order dated 06.03.2025 she has been released on interim anticipatory bail and there is no allegation that she misused the liberty granted to her. 12. Further, applicant is a lady and she is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 06.03.2025 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 06.03.2025. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 AK Pandey NABAIL No. 1454 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad