Smt. Ramwati Awasthi vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 3150 of 2025

Smt. Ramwati Awasthi

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Kaushal Kishore Tewari Counsel for Opposite Party(s): G.A., Sushil Kumar Misra, Vishnu Kant Dwivedi

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Kaushal Kishore Tewari, learned counsel for the applicant, Ms. Shikha Sinha, learned A.G.A. for the State and Shri Sushil Kumar Misra, the learned counsel for the complainant.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.202 of 2023 under Sections 406/420/467/468/471/506/120-B I.P.C. registered at Police StationVikas Nagar, District- Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.09.2023 against five persons, including the applicant, stating that the informant holds a power of attorney for M/s Bhagwati Agencies and RBS Poultries, which company procures supplies from Bio-mass Research and Technical Solutions Pvt. Ltd. and its sister concerns TFF Home and Fabric Care Chemicals Pvt. Ltd. Coaccused Sumit Awasthi used to work as a sales man in Bio-mass Research and Technical Solutions Pvt. Ltd., who collected Rs.43,05,000/- from the complainant's Company but no account of this amount was available with TFF Company. The FIR states that the receipts issued by Vivek Tripathi, Anand Tripathi and R.N. Awasthi have been found to be forged. The applicant Ramwati Awasthi, who is the mother of Sumit Awasthi, is also involved in

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BAIL No. 3150 of 2025

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2

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commission of the offence.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a woman aged 63 years and she has been falsely implicated in the present case.

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The applicant's involvement in 40 other cases has been disclosed in para 14 of the bail application, and she has been granted bail in 31 cases.

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Co-accused Vivek Tripathi, Rishi Nath Awasthi and Sumit Awasthi have already been granted bail in the present case by means of orders dated 16.05.2024, 22.05.2024 and 31.05.2024 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 3759/2024, 5501/2024 and 6117/2024 respectively.

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Learned A.G.A.-I as well as the learned counsel for the complainant have vehemently opposed the bail application and they have stated that the applicant has a long criminal history. They have further submitted that the co-accused persons have been granted bail keeping in view the long period of their incarceration whereas the applicant is in jail since 01.03.2025 only.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the coaccused Sumit has collected money from the complainant's Company and had misappropriated the same and Sumit Awasthi has been granted bail; the FIR further stated that the other co-accused persons Vivek Tripathi, Anand Tripathi and R.N. Awasthi had issued fake receipts of money and all of them have already been granted bail and the only allegation against the applicant is of being involved in commission of the offence, without assigning any specific role to the applicant and she is languishing in jail since 01.03.2025 , I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

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Accordingly, this bail application stands allowed .

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BAIL No. 3150 of 2025

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3

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Let the applicant- Smt. Ramwati Awasthi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial Court.

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August 25, 2025 -Amit K-

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(Subhash Vidyarthi,J.)

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Ramwati Awasthi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Smt. Ramwati Awasthi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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