Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3212 of 2021 Applicant :- Sandhya Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Sandhya Devi, in Case Crime No. 164 of 2020, under Sections- 409/467/468/471 I.P.C., Police Station- Shivala Kalan, District- Bijnor.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The applicant has been implicated in this case being Chairman of a cooperative society regarding financial irregularities in the discharge of duties by the members of the cooperative society in the functioning of mini bank.
Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. She is President of the society and has been made vicariously liable for the alleged offences. Prior to lodging of present F.I.R, she herself had lodged the F.I.R on 10.09.2020 against the Secretary of the society regarding financial irregularities committed in the discharge of duties in the mini bank. The present F.I.R has been lodged by Additional District Magistrate against all the members of the society. He has submitted that the applicant is innocent and has been falsely implicated in this case.
The applicant has already been enlarged on interim anticipatory bail by this Court by order dated 10.02.2021.
The order is confirmed.
Applicant will remain on anticipatory bail till cognizance is taken by the court on the police report u/s 173 (2) Cr.P.C. on same terms and conditions as mentioned in the order dated 10.02.2021.
The anticipatory bail application is allowed to the aforementioned extent.
Order Date :- 6.4.2021 KS