Allahabad High Court
SUDHADEVI SRIVASTAVAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to specified conditions.
Summary
The High Court considered an anticipatory bail application filed by 64‑year‑old retired employee Sudhadevi Srivastava, who feared arrest in a case alleging misappropriation of Rs. 29,93,943 along with 12 co‑accused. The alleged amount had been deposited and no actual loss was claimed; the receipt of payment was not contested. The applicant had no prior criminal record, and two similarly situated co‑accused had already been granted anticipatory bail in the same court. Weighing these facts, the Court, without opining on the merits, deemed it appropriate to enlarge anticipatory bail. The bail was conditioned on personal bond, cooperation with police interrogation, non‑intimidation of witnesses, no travel abroad without permission, and compliance with any further conditions, with cancellation possible on breach.
Issues considered
- What factors justify granting anticipatory bail under Section 482 CrPC to the applicant?
- Does the deposit of the alleged misappropriated amount and lack of criminal antecedents warrant bail?
- Should the Court impose conditions on the anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 316(5), 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- misappropriation
- elderly accused
- no criminal antecedents
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8129 of 2026
Sudhadevi Srivastava
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Pandey, Saurabh Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 98 of 2026, under Sections 318(4), 338,
336(3), 340(2), 316(5), 61(2) B.N.S., Police Station- Kotwali, District
Shahjahanpur, with a prayer to enlarge him on anticipatory bail as the
applicant apprehends his arrest in the above-mentioned case.
3. Learned counsel for the applicant contends that the applicant is an old
lady aged about 64 years. She is a retired employee. The allegation is of
the applicant along with 12 other named accused misappropriating a
cumulative amount of Rs. 29,93,943/-. The misappropriated amount has
been deposited and no actual loss has been caused. The receipt of the
payment of the amount attributed to the applicant has been filed as
Annexure-3 (Page No. 34), which has not been denied by the Learned
A.G.A.
4. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
5. The disputed amount is said to have been deposited. Similarly situated
co-accused Prema Devi and Nanhi Devi have been granted anticipatory
bail by this Court in NABAIL No. 6892 of 2026. The applicant has no
criminal antecedents.
NABAIL No. 8129 of 2026
2
6. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
7. In view of the above, the anticipatory bail application of the applicant
is allowed.
8. In the event of the arrest of the applicant Sudhadevi Srivastava, she
shall be released forthwith in the aforesaid case crime on anticipatory bail
on furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
i. the applicant shall make herself available for interrogation by a police
officer as and when required;
ii. that 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 her from disclosing such facts to the Court or to any police
officer;
iii. that the applicant shall not leave India without the previous permission
of the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution
witness;
9. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Sartaj
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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