Allahabad High Court
RANI DEVIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to Rani Devi subject to specified conditions.
Summary
The High Court considered an anticipatory bail application filed by Rani Devi, who was accused of misappropriating a family pension of Rs. 20,32,771 and facing charges under various IPC sections, CrPC Section 482, and IT Act Section 66(D). The applicant claimed she was falsely implicated, had deposited the disputed amount with the treasury, and had no prior criminal record. The State opposed bail but could not dispute the deposit of the amount. The Court, noting the deposit, the applicant's clean record, and her status as a widow, granted anticipatory bail with standard conditions, including cooperation with police and no travel abroad without permission. The order emphasized that the bail decision does not constitute a judgment on the merits of the underlying criminal case.
Issues considered
- Whether anticipatory bail should be granted to the accused given the nature of the alleged offences and the fact that the disputed amount has been deposited.
- Whether the applicant's lack of prior criminal history and her status as a widow warrant the grant of bail.
- Whether imposing conditions on the anticipatory bail is appropriate in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 238, 316(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66(D)
Subjects
- anticipatory bail
- false implication
- misappropriation of pension
- widow
- no criminal antecedents
- bail conditions
- Criminal Procedure Code
- Information Technology Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8256 of 2026
Rani Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Umesh Kumar
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.657 of 2025, under Sections 319(2), 318(4),
338, 336(3), 340(2), 316(5), 61(2), 238 B.N.S. and Section 66(D) of the
Information Technology Act, P.S.- Kotwali Karvi, District- Chitrakoot,
with a prayer to enlarge her on anticipatory bail as the applicant
apprehends her arrest in the above-mentioned case.
3. The Learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. The applicant is a widow and
she, supposedly in conspiracy with the other accused, had obtained excess
family pension in her account to the tune of Rs. 20,32,771/-. The
applicant claims that the money has been deposited in the account of the
Treasury Officer through treasury challan and without admitting the
offence that has been committed by her, the applicant claims that she has
not caused any monetary loss. The applicant has no criminal history.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail but could not dispute the fact that the applicant has deposited the
disputed amount in the treasury.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. Taking into account the fact that the amount misappropriated by the
applicant is said to have been deposited by her and also the fact that she is
NABAIL No. 8256 of 2026
2
a lady having no criminal antecedents, I deem it appropriate to grant
anticipatory bail to the applicant.
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 Rani Devi, 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
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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