Neutral Citation No. - 2025:AHC:133140 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6052 of 2025 Applicant :- Smt. Shakuntala Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babboo Ram,Gautam Baghel Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Dinesh Tiwari, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Complaint Case No. 1466 of 2002, arising out of Case Crime No. 358 of 2000, under Section 409 I.P.C., Police Station Garhmukteshwar, District Hapur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant at the relevant time was the Principal of the institution known as Adarsh Kanya Inter College, Garhmukteshwar, Hapur. She retired on 30.06.2000. As per the first information report, the applicant had embezzled the funds of Parents Teachers Association of the said college. After investigation, final report in favour of the applicant was submitted by the Investigating Officer on 22.02.2001. The police report was rejected and the applicant was summoned by order dated 01.10.2002. Against the said order, the applicant approached this Court by filing Application U/S 482 No. 9925 of 2002, Smt. Shakuntala Tyagi v. State of U.P. and another. This Court vide order dated 26.10.2002 stayed the proceedings of the court concerned. The said application was dismissed on 07.03.2019. Pursuant thereto, the applicant has again been summoned. The applicant came to know about the pending proceedings only in the month of June, 2025. It is next contended that as per the Parents Teachers Association Regulations, 1986 the funds of the Parents Teachers Association can be diverted for construction of the building and other facilities of the school. It is next contended that the alleged funds have been utilized for construction of the verandah of the school. The applicant has not committed any criminal breach of trust. The applicant is an old lady aged 85 years and has no criminal antecedents. During the course of investigation the applicant had cooperated in the investigation. The applicant has apprehension of her arrest in the above mentioned case. 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, in particular, the fact that as per the Parents Teachers Association Regulations, 1986 the funds of the Parents Teachers Association can be diverted for construction of the building and other facilities of the school; at this stage there is no substantive evidence that the applicant had committed a criminal breach of trust; the applicant had cooperated in the investigation; 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- Smt. Shakuntala Tyagi 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. Further, 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 :- 6.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad