Smt. Manju Verma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Smt. Manju Verma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Smt. Manju Verma: in the event of arrest she shall be released on bail till submission of the police report in Case Crime No. 181 of 2024, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the Station House Officer concerned, subject to conditions (availability for interrogation; no inducement/threat/promise; co-operation with investigation and trial; non-misuse of bail liberty), failing which the Investigating Officer/prosecution may seek cancellation.

Issue for consideration

Whether Smt. Manju Verma, the applicant arraigned in Case Crime No. 181 of 2024 (P.S. Kakadev, District Kanpur Nagar), is entitled to anticipatory bail under Section 438 Cr.P.C. in the event of arrest.

Court's answer

Considering the settled principles of law on anticipatory bail, the submissions of learned counsel for the parties, the nature of accusation, the role of the applicant and all attending facts and circumstances, and without expressing any opinion on the merits, a case for anticipatory bail is made out.

Ratio / Principle

The anticipatory bail application is allowed.

Key takeaways

In the event of arrest, the applicant shall be released on anticipatory bail till submission of the police report, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the Station House Officer concerned.ratio¶13
Release is subject to conditions: (i) availability for interrogation as and when required; (ii) no inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them to the Court or police; and (iii) co-operation during investigation and trial and non-misuse of the liberty of bail.ratio¶14

Detailed headnote1 paragraphs

Anticipatory Bail Granted — High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.), 26.5.2025: Application under Section 438 Cr.P.C. by Smt. Manju Verma, sought in Case Crime No. 181 of 2024 under Sections 419, 420, 406, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., Police Station Kakadev, District Kanpur Nagar, allowed. Without expressing any opinion on the merits, and considering the nature of accusation, role of the applicant and attending circumstances — with reference to Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 — the applicant is, in the event of arrest, to be released on anticipatory bail till submission of the police report on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of availability for interrogation, abstention from inducement/threat/promise, co-operation with investigation and trial, and non-misuse of bail liberty; default entitles the Investigating Officer/prosecution to seek cancellation.

Neutral Citation No. - 2025:AHC:89110

Court No. - 86

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12370 of 2024

Applicant :- Smt. Manju Verma Opposite Party :- State of U.P. Counsel for Applicant :- Indra Jit Singh,Sr. Advocate Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No.181 of 2024 under Sections 419, 420, 406, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., Police Station Kakadev, District Kanpur Nagar, with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

Learned A.G.A.has opposed the application for anticipatory bail.

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.

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant 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.

The anticipatory bail application is allowed.

In the event of arrest of the applicant- Smt. Manju Verma involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on her 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 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 him/her/them from disclosing such facts to the Court or to any police officer;

(iii) the applicant would co-operate during investigation and trial

and would not misuse the liberty of bail.

In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 26.5.2025

S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad