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2025 DAILYLAW 40880 (ALL)

SMT. SUMAN GAUTAM v. STATE OF U.P. AND 2 OTHERS

ABAIL/8906/2023 · 2025-09-23

Sameer Jain

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8906 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sunil Choudhary, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.09 of 2018, under Sections 409, 420, 467, 468, 471, 120B IPC and Section 13(1)C Prevention of Corruption Act, 1988, Police Station - E.O.W., District - Meerut, with a prayer to enlarge him on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. or till the conclusion of the trial. 3. Leaned counsel for the applicant submits that applicant was Minority Welfare Officer and as per allegations, she along with others misappropriated the scholarship amount of the students but entire allegations levelled against the applicant are totally false. 4. He next submits that on 1st February, 2024 during the pendency of the investigation, Co-ordinate Bench of this Court directed that no coercive action shall be taken against the applicant and thereafter on 12th June, 2024 another Co-ordinate Bench of this Court was pleased to enlarged her on interim anticipatory bail. 5. He next submits that now charge- sheet has been filed in the matter and after submission of the charge-sheet, there is no need of custodial interrogation of applicant. 6. He further submits that applicant is a lady and there is no allegation that Versus Counsel for Applicant(s) : Sunil Choudhary Counsel for Opposite Party(s) : G.A. Smt. Suman Gautam .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) she did not co-operate with the investigation. 7. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. However, as per applicant, who was public servant along with others misappropriated the scholarship amount of the students but it reflects that on 12th June, 2024 she has been enlarged on interim anticipatory bail by Co- ordinate Bench of this Court and now charge-sheet has been filed in the matter. This Court finds merit in the arguments advanced by learned counsel for the applicant that after submission of the charge-sheet, there is no need of custodial interrogation of the applicant. 10. Further, applicant is a lady and there is no allegation that she did not co- operate with the investigation. 11. Therefore, considering the facts and circumstances of the case discussed above, the interim anticipatory bail granted to the applicant vide order dated 12th June, 2024 is hereby confirmed. The applicant- Smt. Suman Gautam shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 12th June, 2024 while enlarging her on interim anticipatory bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 13. 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 24, 2025 Zafar ABAIL No. 8906 of 2023 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad