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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8523 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.70 of 2025, under Sections 409, 420, 467, 468, 471 I.P.C., P.S.- Phoolpur, District- Azamgarh, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the above-mentioned case. 3. Learned counsel for the applicant contends that an FIR has been lodged on 11.02.2025 by the Inspector, E.O.W. against the Manager of Madarsa Arabia Niswan, Bhikpur (Madarsa I.D.191100086). The Learned counsel for the applicants contends that the Madarsa which was inspected on 14.11.2017 by a team, found that 40-41 students were studying. The Madarsa was being run in a basement and in the said basement hay was found stacked and the names of 2 Madrases was found written on the basement. Other deficiencies were also pointed out and a grant-in-aid for modernisations to the tune of Rs. 66,000/- is said to have been embezzled by the Madarsa. The Learned counsel for the applicant has further submitted that the Manager of the Madarsa, Riyaz @ Riyaz Ahmad has been granted interim anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4681 of 2026. The applicants are teachers appointed in the said Institution. They have not embezzled any amount. They have no criminal antecedents. Versus Counsel for Applicant(s) : Rajendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Asha Yadav And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has submitted that the money was credited in the account of the applicants. The applicants, being teachers, were part of this fake Madarsa and being responsible accused, may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. The inspection of the Madarsa is said to have been undertaken in the year 2017. The recognition to the Madarsa was granted on 22.01.2009. The FIR has been lodged quite belatedly on 11.02.2025.
Similarly situated co-accused who is the Manager of the Madarsa has been granted interim anticipatory bail by this Court. The applicants have no criminal antecedents. 7. Taking into account all the facts and circumstances of the caseand without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicants on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicants is allowed. 9. In the event of the arrest of the applicants Asha Yadav, Jaiveer Yadav and Sangita Yadav, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicants shall make themselves available for interrogation by a police officer as and when required; ii. that 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned NABAIL No. 8523 of 2026 2
shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 8, 2026 Sachin NABAIL No. 8523 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad