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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10525 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Arvind Kumar Singh, learned counsel for the applicants, Sri D.P.S. Chauhan, 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. 373 of 2026, under Sections 318(4), 319(2), 316(5), 3(5), 3(6) of B.N.S. and Section 66(D) of I.T. Act, P.S.-Gulriha, District-Gorakhpur with the prayer that in the event of arrest, applicants may be released on bail. 3. Counsel for the applicants submitted that in the FIR it is alleged that one Shivam Jaiswal, who was working as an agent of the company of the first informant instead of depositing the amount in the account of the company, he deposited the amount in the account of his family members (applicants); thereafter prepared forged screenshot and sent it to the Accountant of the company. Counsel for the applicant submitted that there is no allegation against the applicant regarding the involvement in any forgery or misappropriation of amount, merely because main accused Shivam Jaiswal has transferred some amount in the account of the family members, the applicants have been falsely implicated. It is further submitted that the applicants have apprehension to arrest in pursuance of this FIR. It is further Versus Counsel for Applicant(s) : Aditya Ojha, Arvind Kumar Singh Counsel for Opposite Party(s) : G.A. Urmila Devi And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
submitted that the applicants have no criminal antecedents and that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail but could not dispute the aforesaid submission. 5. 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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6.
Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. Accordingly, the anticipatory bail application is allowed. 7. In the event of arrest of the applicants - Urmila Devi, Rajan Gupta, Satyam Jaiswal and Ayush Jaiswal in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/ court below concerned with the following conditions :- (i) the applicants shall make themselves available for interrogation by the police as and when required; (ii) the applicants 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 him/her/them from disclosing NABAIL No. 10525 of 2026 2
such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court; (iv) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation; (v) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In default of any of the conditions, the Investigating Officer/Court below shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 7, 2026 CS/- NABAIL No. 10525 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad