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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7784 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri R.K. Srivastava, learned counsel for the applicant and Sri Uma Shankar Mishra, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 42 of 2024 under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Bidhuna, District Auraiya with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that there is no specific allegation against the applicant in the FIR and the entire allegations are against co-accused Gaurav Kumar. He further submits that she has been falsely implicated in this case only because she is the owner of the company. It was also submitted that applicant has no criminal history and she undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submits that the applicant is evading the process of law. However, he submits that no process for proclamation has been Versus Counsel for Applicant(s) : Ragini Gupta, Rajnish Kumar Srivastava, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Varsha Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
initiated. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per the FIR, there is no specific allegation against the applicant and the entire allegations are against co-accused Gaurav Kumar and the applicant is said to be owner of the company. Co-accused Gaurav Kumar appointed several persons on different posts by taking security money and issued false cheque of Rs. 16,00,000/- as salary. 7.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Varsha Singh involved in the aforesaid case crime, she shall be released on anticipatory bail on her 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 not tamper with evidence and that she would appear before the trial Court on the date fixed unless exempted 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 NABAIL No. 7784 of 2025 2
to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
October 9, 2025 Madhurima NABAIL No. 7784 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad