SMT NEHA AGRAWALSINGHAL v. STATE OF U.P. AND 3 OTHERS
NABAIL/5153/2025 · 2025-06-30
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68840 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68840 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101341 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5153 of 2025 Applicant :- Smt Neha Agrawalsinghal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Daga,Prateek Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned 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. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.159 of 2025, under section 308(5) B.N.S., P.S. Sipri Bazar, District Jhansi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The on-line receipt annexed with the case diary does not show any financial transaction involving the applicant or her firm. The receipt relates to diesel purchased from the Indian Oil Petrol Pump. At this stage, there is no credible evidence to link the applicant with the offence. The co- accused Arun Dev Sharma, Manvendra Singh, Jairam Singh Tomar, Ajay Pratap Singh, Umesh Rajpoot, Ajay, Shyam Singh Tomar and Awadh Raj @ Sani Singh Tomar have been granted regular bail by the Additional Sessions Judge (F.T.C. - O.A.W.) Jhansi vide order dated 17.5.2025 passed in First Bail Application No. 856 of 2025 (Arun Deo Sharma vs. State of U.P.). It is next contended that the necessary ingredients to constitute the offence under section 308(5) I.P.C. is not made out against the applicant. There is no allegation that the complainant or his associates were put in fear of grievous hurt in order to commit the offence. The applicant is a lady and has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the
submission of police report. 6.
Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the on-line receipt annexed with the case diary does not show any financial transaction involving the applicant or her firm, the receipt relates to diesel purchased from the Indian Oil Petrol Pump, at this stage, there is no substantive evidence to link the applicant with the offence, the co-accused Arun Dev Sharma, Manvendra Singh, Jairam Singh Tomar, Ajay Pratap Singh, Umesh Rajpoot, Ajay, Shyam Singh Tomar and Awadh Raj @ Sani Singh Tomar have been granted regular bail by the Additional Sessions Judge (F.T.C. - O.A.W.) Jhansi, the necessary ingredients to constitute the offence under section 308(5) I.P.C. is not made out against the applicant, there is no allegation that the complainant or his associates were put in fear of grievous hurt in order to commit the offence, 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. Neha Agrawal (Singhal) be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. The Investigating Officer is directed to conclude the
investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
11. The application stands disposed of.
Order Date :- 1.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad