Shraddha Yadav @ Reena Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2439 of 2023 Applicant :- Shraddha Yadav @ Reena Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Deepak Singh,Manish Kumar Srivastava,Vineet Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Manish Kumar Srivastava, the learned counsel for the applicant as well as Sri Anurag Verma, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No. 80 of 2023, under Section 147, 406, 419, 420, 467, 468, 471, 504, 506, 120-B I.P.C., registered at Police Station Manak Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 19.08.2023 against seven persons, including the applicant, alleging that the accused persons had extracted Rs. 6,70,000/- from the informant in the name of getting him employed in the post office. The F.I.R. does not contain any allegation against the applicant and it merely mention his name as an advisor.

¶4In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history.

¶5It has also been submitted that the co-accused Ajeet Kumar Singh has already been granted bail by this court by means of an order dated 18.10.2023, passed in Criminal Misc. Bail Application No.12400 of 2023.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it was the informant himself who had attempted to secure employment by payment of bribe and he has lodged the F.IR after having failed in the aforesaid endeavor; that there is no allegation against the applicant coupled with the fact that the applicant has no criminal history and and a co-accused has been granted bail by this court and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Shraddha Yadav @ Reena Yadav before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 1.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench