Sonu Kumari Alias Smt Sonu Kanaujiya v. State of U.P.And 2 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11816 of 2023 Applicant :- Sonu Kumari Alias Smt Sonu Kanaujiya Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard learned counsel for applicant as well as Ms. Ifra Islam, learned A.G.A. for State and also perused the material available on record.

¶3The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No. 326 of 2010, under Sections 409, 406, 420, 467, 468, 471, 120B I.P.C., P.S.- Brahampuri, District-Meerut.

¶4As per prosecution story, the officials of the bank are stated to have forged the documents and without proper verification, are stated to have issued loan to several persons between 2005-2007.

¶5Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is next stated that the applicant is not named in the FIR. She is not the beneficiary of the said fraud committed, if any, by the officials of the bank. It is further stated that her documents have been misused by one Amit Sharma, who is stated to be an intermediary between the bank and several loanees.

¶6Per contra, learned A.G.A. has vehemently opposed the prayer for anticipatory bail on the ground that the applicant is deliberately avoiding the process of Court and is not appearing before the Court and has not cooperated in the investigation also. The proceedings u/s 82 Cr.P.C. were also initiated against her on

8.2.2021, as such, she is not entitled for anticipatory bail.

¶7Considering the rival submissions advanced by the learned counsel for the parties, the facts of the case and the judgement passed by the Apex Court in Lavesh vs. State (NCT of Delhi)

(2012) 8 SCC 730, I do not find it a fit case for grant of anticipatory bail to the applicant.

¶8In view of the above, the present anticipatory bail application is found devoid of merits and is, accordingly, rejected. (Justice Krishan Pahal) Order Date :- 28.10.2023 Shalini High Court of Judicature at Allahabad