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2026 DAILYLAW 12278 (ALL)

SMT KUSUMLATA v. STATE OF U.P.

NABAIL/10178/2026 · 2026-10-06

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10178 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Raghubir Singh, learned counsel for the applicant, Sri Shailendu Kumar Upadhyay, learned counsel for the first informant and Sri DPS Chauhan, learned A.G.A. for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 124/2026, under Sections-420, 467, 468, 471, 406, 120B IPC, Police Station-Kamala Nagar, District Agra. 3. Contention of learned counsel for the applicant is that as per the prosecution story, the first informant and some of his friends invested in a company namely, S.B.N.L. World for getting higher returns as the company deals in the investment of property. 4. Learned counsel for the applicant has submitted that applicant has been falsely implicated merely being the wife of one of the Directors of the company and the money was also deposited in the account of the Director of the company. It is also submitted that applicant has not signed any document nor she is party to any document or witness. Therefore, applicant has been falsely implicated and she has apprehension of arrest in pursuance of the FIR dated 10.06.2026. It is also submitted that now the parties have already settled their dispute amicably through an agreement and the husband of the applicant who was the Versus Counsel for Applicant(s) : Raghubir Singh Counsel for Opposite Party(s) : G.A., Salilendu Kumar Upadhyay Smt Kusumlata .....Applicant(s) State of U.P. .....Opposite Party(s) Director of the company namely, Rahul Soni has been released on bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No.35477 of 2026 vide order dated 06.10.2026. 4. Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid legal position. 5. Considering the aforesaid submission and taking into account the fact that the husband of the applicant who was the Director of the company, namely, Rahul Soni has already been released on bail by the coordinate Bench of this Court, the applicant is entitled to be released on anticipatory bail. 6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicant, he is entitled to get anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 7. In the event of arrest, the applicant- Smt Kusumlata involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Investigating Officer concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 her from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court; (iv) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation; (v) The applicant shall not indulge in any criminal activity or NABAIL No. 10178 of 2026 2 commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 9. With the aforesaid observations/directions, the application stands disposed of. October 7, 2026 S.C. NABAIL No. 10178 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad