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Neutral Citation No. - 2025:AHC:136927 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2430 of 2025 Applicant :- Smt Rohma Qamruddin Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- Deepak Dubey, G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and Sri Deepak Dubey, counsel for the informant. Perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.723 of 2024, under sections 420, 406, 467, 468, 471, 504, 506, 120B I.P.C., P.S. Nandgram, District Ghaziabad. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. A wholly commercial dispute between the husband of the applicant (co-accused Kamruddin) and the informant has been given colour of a criminal case. The applicant has no concern with the alleged memorandum of understanding dated 5.3.2022 (annexed as Annexure-2 to the bail application). The applicant is not a party to the said agreement. It is next contended that the alleged non-payment of money or breach of contractual terms would, at most, constitute a civil wrong. The applicant has not forged or manipulated any documents. The co-accused Kamruddin has been granted bail by this Court vide order dated 4.3.2025 passed in Criminal Misc. Bail Application No. 7426 of 2025. The applicant is a lady. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The investigation is pending and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the case is purely civil in nature, the essential ingredients to constitute the alleged offences are not made out against the applicant, the co- accused Kamruddin has been granted bail by this Court, 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. Rohma Qamruddin, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 her from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 12.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad