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2025 DAILYLAW 62435 (ALL)

RASHMI SHARMA v. STATE OF U.P.

NABAIL/4099/2025 · 2025-07-30

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128351 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4099 of 2025 Applicant :- Rashmi Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case No. 28 of 2021 arising out of Case Crime No.211 of 2019, under sections 420, 467, 468 and 471 I.P.C., P.S. Surir, District Mathura. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was appointed as Assistant Teacher at Primary School Nagla Nahariya Block Nauhjhil, District Mathura after proper verification of her documents. The services of the applicant was terminated on 14.8.2019. Against the order of termination ,the applicant approached this Court by filing Writ - A No. 13304 of 2019 (Smt. Rashmi Sharma vs. State of U.P. and 3 others) and this Court vide order dated 13.9.20219 allowed the writ petition. The termination order was set aside and the competent authority was directed to pass a fresh order after providing opportunity of hearing to the applicant. No further order has been passed by the competent authority. It is contended that during the course of investigation the applicant was granted protection by this court vide order dated 3.12.2019 passed in Criminal Misc. Writ Petition No. 24713 of 2019. It is next contended that the forged diploma certificate cannot be described as 'valuable security' as defined under Section 30 I.P.C. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant is a lady and has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that during the course of investigation the applicant was granted protection by this court vide order dated 3.12.2019, the forged diploma certificate cannot be described as 'valuable security' as defined under Section 30 I.P.C., at this stage, there is no substantive evidence to link the applicant with the offences. the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rashmi Sharma, 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 make herself available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 31.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad