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2025 DAILYLAW 5399 (ALL)

SMT. SHEELA ARORA AND 3 OTHERS v. STATE OF U.P.

NABAIL/158/2025 · 2025-01-19

Krishan Pahal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:8827 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 158 of 2025 Applicant :- Smt. Sheela Arora And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Yadav, learned counsel for the applicants and Sri Deepak Kumar Singh, learned A.G.A. for the State as well as perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 507 of 2024, registered under Sections 305, 331(4) of B.N.S. at Police Station- Kotwali, District- Bareilly with a prayer to enlarge them on anticipatory bail. 4. As per prosecution story, the applicants are stated to have broken the lock of the shop of the informant and taken out valuable items from it and put their own locks at it in the night of 25/26.09.2024. 5. Learned counsel for the applicants has stated that the applicants are innocent and they have been falsely implicated in the case. They have nothing to do with the said offence. The allegations are per se false. It is further stated that there is a civil dispute going on between the parties and Original Suit No.152 of 2024 was filed by the informant herein against the applicant and she has not been granted any injunction in it. After having failed to get any relief from the civil court, the instant FIR has been instituted as a cover up to the said civil proceedings. 6. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants have apprehension of their arrest. Learned counsel has stated that the applicants undertake that they have co- operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail. 6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants. 7. On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Supreme Court. 8. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Smt. Sheela Arora, Smt. Suman Ahuja, Deepak Ahuja and Rakshit Ahuja be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). that the applicants shall not leave India without the previous permission of the court; (iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial; (v). that the applicants shall not pressurize/ intimidate the prosecution witness; (vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail. 9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 20.1.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad