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2025 DAILYLAW 85338 (ALL)

AMRITA v. STATE OF U.P.

NABAIL/6505/2025 · 2025-09-15

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6505 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 89 of 2023, under Sections 419, 420, 467, 468, 471, 120-B, 409, 504, 506 IPC, Police Station Eliya, District Chandauli. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant was earlier the village pradhan of Gram Panchayat Jharauva Shahabganj, District Chandauli. On 23.05.2022, the applicant lodged an FIR against the informant registered as Case Crime No. 64 of 2022, under Sections 452, 506, 504, 323 IPC, Police Station Eliya, District Chandauli. In counter blast to the said proceedings, the instant prosecution has been instituted against the applicant. The alleged resolution of the gaon sabha dated 07.09.2020 was passed in an open meeting. In the alleged meeting, the father of the informant was also present. The applicant has not committed any offence of cheating or a criminal breach of trust. The applicant has neither forged nor manipulated any documents. The co-accused Anil Kumar Singh and Vikas Kumar Singh have Versus Counsel for Applicant(s) : Hardev Singh, Ramesh Chandra Agrahari Counsel for Opposite Party(s) : G.A. Amrita .....Applicant(s) State of U.P. .....Opposite Party(s) been granted anticipatory bail by the Hon'ble Supreme Court vide orders dated 15.01.2025 and 22.07.2025 passed in Special Leave to Appeal (Cr.) Nos. 10161 of 2024 and 6474 of 2025 respectively. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is a lady and her criminal history has been explained in paragraphs no. 3, 4 and 5 of the supplementary affidavit. The investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. 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 antecedents of the applicant, in particular the fact that earlier the applicant lodged an FIR against the informant registered as Case Crime No. 64 of 2022, under Sections 452, 506, 504, 323 IPC, Police Station Eliya, District Chandauli; the alleged resolution of the gaon sabha dated 07.09.2020 was passed in an open meeting, in the said meeting, the father of the informant was also present; the co-accused Anil Kumar Singh and Vikas Kumar Singh have been granted anticipatory bail by the Hon'ble Supreme Court; 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 for anticipatory bail. 7. In the event of arrest, the applicant Amrita 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 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. NABAIL No. 6505 of 2025 2 (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 they 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. September 16, 2025 Lbm/- NABAIL No. 6505 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad