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Neutral Citation No. - 2025:AHC:132145 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2120 of 2025 Applicant :- Smt. Asia Begum Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri D.M.Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State.
2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 147 of 2013, under Sections 409, 419, 420, 467, 468, 471 IPC and Sections 13(1)(D), 13(2) Prevention of Corruption Act, Police Station Kotwali Nagar Barabanki, District Barabanki, with a prayer to enlarge him on anticipatory bail.
3. Learned counsel for the applicant submitted that FIR of the present case was lodged in the year 2013 against as many as 21 persons (non applicant) and as per allegation, nominated accused were beneficiary of the government scheme and they have received money by playing fraud and during investigation, applicant has been made accused with similar allegation.
4. He further submitted that investigation of the case is pending since the year 2013 and there is no allegation that applicant did not cooperate with the investigation. He further submitted that Investigating Officer in the year 2025 suddenly started making attempt to arrest the applicant, therefore, applicant filed the instant anticipatory bail application.
5. He further submitted that after considering entire facts of the case, number of accused persons, who were even named in the FIR, have been released on anticipatory bail by co-ordinate Bench of this Court and case of applicant is at par with them.
6. He further submitted that applicant is lady and she is not having
any criminal history.
7. He further submitted that therefore, considering the above facts, applicant should be enlarged on anticipatory bail till conclusion of trial.
8. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on
facts advanced by learned counsel for the applicant.
9. I have heard both the parties and perused the record of the case.
10. Considering the argument advanced by learned counsel for the applicant and the fact that number of accused persons, who were even named in the FIR, have been released on anticipatory bail by co-ordinate Bench of this Court and investigation of the case is pending since the year 2013 and applicant is lady and she is not criminal having, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial.
11. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.
12. In the event of arrest of the applicant-Smt. Asia Begum involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date
fixed unless personal presence is exempted;
13. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
14. 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.
Order Date :- 5.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad