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2025 DAILYLAW 29379 (ALL)

SMT SAROJ JAISWAL v. STATE OF UP AND ANOTHER

NABAIL/2063/2025 · 2025-03-23

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42383 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2063 of 2025 Applicant :- Smt Saroj Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. Order on Criminal Misc. Exemption Application No. 01 of 2025 1. Counsel for the applicant prays for and is exempted from filing personal affidavit of the applicant for the reasons contained in paragraph nos. 2, 3, 4 and 5 of the exemption application. 2. The exemption application is allowed. Order on Criminal Misc. Anticipatory Bail Application No. 2063 of 2025 1. Sri Yogesh Tiwari, Advocate has filed his vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State, counsel for the opposite party no. 2/informant and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 310 of 2024, under Sections 319(2), 318(4), 338, 336(3), 61(2), 351(3) of B.N.S., Police Station- Machhalishahar, Distirct- Jaunpur. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The applicant herself is a victim of fraud. The sale consideration was duly paid by her. The criminal history of the applicant has been explained in para no. 2 of the supplementary affidavit. The investigation is still pending. The applicant is a lady. It is next submitted that the applicant has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the case is purely civil in nature, the fact that the sale consideration was duly paid by the applicant. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Smt Saroj Jaiswal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the Police Commissioner concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 24.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad