Smt. Jayda vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Smt. Jayda vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted to the applicant till the next date of listing; upon arrest, release on interim anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to six conditions; final adjudication deferred pending counter affidavit and rejoinder.

Issue for consideration

Whether the applicant, Smt. Jayda, is entitled to anticipatory bail in Case Crime No.163 of 2024 (Sections 420, 409 I.P.C., P.S. Narsaina, District Bulandshahr) during pendency of trial, including on claimed parity with similarly placed co-accused Sunil Kumar who received interim protection.

Court's answer

As an interim measure, till the next date of listing fixed for hearing of the application, the applicant is granted anticipatory bail in Case Crime No.163 of 2024; in the event of arrest she shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the S.H.O of the police station concerned.

Ratio / Principle

The interim anticipatory bail is subject to six enumerated conditions (availability for interrogation as and when required; no inducement, threat or promise to dissuade disclosure of facts; no departure from India without previous permission of the Court, with passport deposited before the S.S.P./S.P./C.P./A.C.P. concerned; no tampering with evidence during trial; no pressure/intimidation of prosecution witnesses; appearance before the trial court on each fixed date unless presence exempted); in default of any condition, the Investigating Officer/Govt. Advocate/concerned court may file an application for cancellation of the anticipatory bail.

Key takeaways

The learned A.G.A. and counsel for the informant were granted four weeks to file counter affidavit, rejoinder affidavit if any within two weeks thereafter, and the case is to be listed immediately after expiry of that period along with the record of Crl. Misc. Anticipatory Bail Application No.12278 of 2024; the final decision on the application therefore remains deferred.ratio¶¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.) — interim anticipatory bail granted to applicant Smt. Jayda in Case Crime No.163 of 2024 (Sections 420, 409 I.P.C., P.S. Narsaina, District Bulandshahr) till the next date of hearing: on arrest she is to be released on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned S.H.O, subject to six conditions covering availability for interrogation, abstention from inducement/threat/promise, no departure from India without previous permission (passport to be deposited), non-tampering with evidence, non-intimidation of prosecution witnesses, and appearance before the trial court; on breach of any condition the Investigating Officer/Govt. Advocate/concerned court is at liberty to seek cancellation. Counsel asserted innocence, absence of criminal history, apprehension of arrest, and parity with co-accused Sunil Kumar, protected vide order dated 17.01.2025 in Crl. Misc. Anticipatory Bail Application No.12278 of 2024, whose record is to accompany the case on next listing. Four weeks allowed for counter affidavit, two weeks thereafter for rejoinder. Order dated 6.2.2025; final decision on the application deferred.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 399 of 2025

Applicant :- Smt. Jayda Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.163 of 2024, under Sections 420, 409 I.P.C., P.S. Narsaina, District Bulandshahr, during pendency of trial.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is lady having no criminal history. It is next submitted that similarly placed co-accused Sunil Kumar has been granted interim protection by this Court vide order dated 17.01.2025 passed in Crl. Misc. Anticipatory Bail Application No.12278 of 2024, hence the applicant is also entitled for the same. Instant case is squarely covered under Section 438 Cr.P.C. In case, the applicant is released on bail, she would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of her arrest by the police.

Learned A.G.A. and counsel for the informant are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

List this case immediately after expiry of the aforesaid period along with record of Crl. Misc. Anticipatory Bail Application No.12278 of 2024.

As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with

the following conditions:-

(i) The applicant shall make herself available for interrogation by the 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 from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P./C.P./A.C.P concerned.

(iv) The applicant shall not tamper with the evidence during the trial.

(v) The applicant shall not pressurized/intimidate the prosecution witness.

(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 6.2.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad