Savitri Vs State of U.P. Thru. Addl. Chief Secy. Deppt… — Anticipatory Bail | Allahabad HC (2025)

Savitri Vs State of U.P. Thru. Addl. Chief Secy. Deppt… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction that in the event of arrest the applicant shall be released on anticipatory bail till the conclusion of the trial, subject to five enumerated conditions (interrogation availability; no inducement/threat/promise; no leaving India without court permission; appearance before trial court; no pressurising witnesses); breach permits the Investigating Agency to seek vacation of the protection.

Issue for consideration

Whether anticipatory bail / protection from arrest should be granted to the applicant Savitri in Case Crime No. 0184 of 2024 (S. 316(5), Bharatiya Nyaya Sanhita 2023), Police Station Jamo, District Amethi. +1 more

Court's answer

The anticipatory bail application was disposed of with a direction that, in the event of arrest, the applicant Savitri shall be released on anticipatory bail till the conclusion of the trial, subject to enumerated conditions.

Ratio / Principle

The disposal rested on parity: the learned A.G.A. opposed the prayer but did not dispute that the applicant stands on similar footing as co-accused Surya Bhan Singh, and the Court disposed of the application considering the submissions and the fact of parity.

Key takeaways

Release on anticipatory bail is conditioned on: availability for interrogation by the Investigating Officer as and when required; no inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them to the Court or IO; no leaving India without prior permission of the Court; appearance before the trial court on each fixed date unless personal appearance is exempted; and no pressurising or intimidating prosecution witnesses.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail — Parity with co-accused — Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 3.7.2025 in Anticipatory Bail Application U/S 482 BNSS No. 806 of 2025: applicant Savitri, a lady who was merely a member of a three-member Gram Panchayat committee, faced arrest in Case Crime No. 0184 of 2024 under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 (Police Station Jamo, District Amethi), arising from a District Magistrate's preliminary enquiry into alleged embezzlement of public funds of 2020–21 on development works. Co-accused Surya Bhan Singh, similarly situated member of the same committee, had already been granted anticipatory bail by a coordinate Bench vide order dated 21.01.2025 in Anticipatory Bail Application U/S 482 BNSS No. 2447 of 2024; the A.G.A. opposed but did not dispute the applicant stood on similar footing. Application disposed of with a direction that on arrest the applicant be released on anticipatory bail till the conclusion of the trial, subject to standard conditions (availability for interrogation; no inducement, threat or promise; no departure from India without court permission; appearance before the trial court unless exempted; no pressurising prosecution witnesses); breach entitles the Investigating Agency to seek vacation of the interim protection.

Court No. - 14

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 806 of 2025

Applicant :- Savitri Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deppt. Of Home Lko. And Another Counsel for Applicant :- Lakshmana Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

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

The present anticipatory bail application has been filed seeking protection from arrest in Case Crime No. 0184 of 2024, under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station–Jamo, District–Amethi.

Learned counsel for the applicant submits that the FIR was registered on the basis of a preliminary enquiry conducted by the District Magistrate regarding alleged embezzlement of public funds in the year 2020–21 relating to development works in the concerned Gram Panchayat. The applicant, who is a lady, was merely a member of a three-member committee. It is further submitted that a co-accused, Surya Bhan Singh, who was similarly situated as a member of the same committee, has already been granted anticipatory bail by a coordinate

Bench of this Court vide order dated 21.01.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 2447 of 2024. The applicant seeks parity with the said co-accused.

Learned A.G.A. has opposed the bail prayer but has not disputed the fact that the applicant stands on similar footing as that of co-accused Surya Bhan Singh. Considering the submissions and the fact of parity, the anticipatory bail application is disposed of with a direction that in the event of arrest, the

applicant Savitri shall be released on anticipatory bail till the conclusion of the trial, subject to the following conditions:

i). The applicant shall make herself available for interrogation by the Investigating 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 them from disclosing such facts to the Court or to the Investigating Officer;

iii). The applicant shall not leave India without the prior permission of the Court;

iv). The applicant shall appear before the trial court on each date fixed, unless her personal appearance is exempted by the court;

v). The applicant shall not pressurize or intimidate any prosecution witness.

In case of breach of any of the above conditions, it shall be open to the Investigating Agency to move an appropriate application for vacation of this interim protection.

Order Date :- 3.7.2025 Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench