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Neutral Citation No. - 2025:AHC:116853 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23975 of 2025 Applicant :- Smt Shashi Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Bharti Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sudhir Bharti, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.39 of 2025, under Sections 316(5) BNS, Police Station- Ramala, District Baghpat.
3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR, the applicant and other co-accused person were office bearers of Sahara CLF, Kishanpur Bral, and issued cheques to members within the cluster and outside the cluster without authorization, and misappropriated the amount of Women Self Help Group. It is further submitted that inquiry report itself shows that none of the cheque was encashed for mis-matched of the signature, therefore, no financial loss has been caused to the Women Self Help Group. He further submitted that co-accused Suman, who was Treasurer and Secretary Rihana, have already been enlarged on anticipatory bail by this Court as well as co- ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS Nos. 4576 of 2025 and 4554 of 2025 vide order dated 16.06.2025 respectively, therefore, the applicant is also entitled to be released on bail. He further submitted that the applicant is a lady and she is entitled to get protection under proviso (i) and (ii) of Section 480 BNSS. He further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and she is languishing in jail since 28.03.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Smt Shashi involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad