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2025 DAILYLAW 71575 (ALL)

PUSHPA SRIVASTAVA ALIAS PUSHPA TIWARI v. STATE OF U.P.

NABAIL/5394/2025 · 2025-07-15

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114332 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5394 of 2025 Applicant :- Pushpa Srivastava Alias Pushpa Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Opposite Party :- A.B.N.Tripathi,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri A.B.N. counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 51 of 2025, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- George Town, District- Prayagraj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the first information report, the applicant has forged her High School certificate indicating her date of birth as 06.11.1953, and obtained appointment as Assistant Teacher at Sardar Patel Purva Madhyamik Vidhyalaya, Kidwai Nagar, Allahpur, Allahabad. It is contended that the said certificate cannot be described as 'valuable security' as per Section 30 of the Indian Penal Code. With regard to the other offences, the maximum sentence is provided up to seven years. Further, the applicant was appointed as Assistant Teacher in the year 1976 and retired in the year 2019. The first information report has been lodged belatedly. It is next contended that a prior dispute exists between the applicant and the informant. In this regard reference has been made to the suit instituted by the applicant in the court of Civil Judge (Senior Division), Allahabad registered as Suit No. 110 of 2004 (Smt. Pushpa Tiwari vs. Ram Shanker Dwivedi and another). The said suit is still pending consideration. The criminal history of the applicant has been explained in para no. 22 of the affidavit. The investigation is still pending. The applicant is a lady and has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she will not misuse the said liberty. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and the fact that the certificate alleged to be forged cannot be described as 'valuable security' as per Section 30 of the Indian Penal Code, the first information report has been lodged belatedly, prior dispute exists between the parties, at this stage, there is no substantive evidence to link the applicant with 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. 7. In the event of arrest, the applicant Pushpa Srivastava Alias Pushpa Tiwari, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 16.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad