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Neutral Citation No. - 2025:AHC:85319 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3434 of 2025 Applicant :- Shivangi Vishnoi Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Vajpeyi,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Shri Manish Tiwary, learned Senior Advocate, assisted by Shri Pranav Tiwary, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 215 of 2024, under Sections 408, 420, 468, 471, 120-B I.P.C., Police Station Sector-63, District Gautam Budh Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that applicant is named in the F.I.R. along with his husband namely Utkarsh Gupta. The allegation made against the applicant obtained employment in the company by forged appointment letter and both the accused had stolen confidential data of customers of the company. Learned counsel further submits that no forged document has been prepared by the applicant. After investigation Section 467 I.P.C. has been dropped. The applicant is not the employee of the company. The main allegation is against the husband of the applicant, namely, Utkarsh Gupta. The charge sheet has been filed in the matter. The applicant was enlarged on anticipatory bail by the court concerned, but after filing of charge sheet she has been summoned. Thus, there is an apprehension that the applicant may be arrested in the above-mentioned case, whereas there is no credible evidence against her. It was also submitted that applicant undertakes to cooperate during trial and she would appear as and when required by the trial Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will cooperate with the proceedings of trial and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
7. The anticipatory bail application is allowed.
8. In the event of arrest of the applicant- Shivangi Vishnoi, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicant shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) the applicant shall cooperate during trial and would not misuse the liberty of bail.
9. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 20.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad