Allahabad High Court
ASHA YADAV AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that anticipatory bail should be granted to the applicants.
Summary
The Allahabad High Court entertained an anticipatory bail application filed by Asha Yadav and two other teachers under Section 482 of the CrPC in connection with an FIR alleging offences under Sections 409, 420, 467, 468 and 471 IPC relating to alleged embezzlement of grant money from a madarsa. The applicants argued that they have no criminal antecedents, the FIR was lodged after a long delay, and the manager of the madarsa had already been granted interim anticipatory bail. The State opposed, contending that the teachers were part of the fraudulent scheme and the money was credited to their accounts. The Court, noting the lack of prior criminal record, the delayed filing of the FIR, and the interim bail already granted to the manager, decided to enlarge anticipatory bail to the applicants without commenting on the merits. The bail was conditioned on personal bond, cooperation with police, non‑intimidation of witnesses, and restriction on leaving India.
Issues considered
- Whether anticipatory bail can be granted to teachers accused in an FIR for alleged embezzlement under IPC sections 409, 420, 467, 468 and 471.
- Whether the absence of criminal antecedents and the delay in filing the FIR justify granting anticipatory bail.
- Whether the grant of interim anticipatory bail to a co‑accused (the manager) influences the decision on bail for the teachers.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 409, 420, 467, 468, 471
Subjects
- anticipatory bail
- Section 482 CrPC
- IPC offences
- embezzlement
- madarsa
- criminal antecedents
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8523 of 2026
Asha Yadav And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, 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
applicants in Case Crime No.70 of 2025, under Sections 409, 420, 467,
468, 471 I.P.C., P.S.- Phoolpur, District- Azamgarh, with a prayer to
enlarge them on anticipatory bail as the applicants apprehend their arrest
in the above-mentioned case.
3. Learned counsel for the applicant contends that an FIR has been lodged
on 11.02.2025 by the Inspector, E.O.W. against the Manager of Madarsa
Arabia Niswan, Bhikpur (Madarsa I.D.191100086). The Learned counsel
for the applicants contends that the Madarsa which was inspected on
14.11.2017 by a team, found that 40-41 students were studying. The
Madarsa was being run in a basement and in the said basement hay was
found stacked and the names of 2 Madrases was found written on the
basement. Other deficiencies were also pointed out and a grant-in-aid for
modernisations to the tune of Rs. 66,000/- is said to have been embezzled
by the Madarsa. The Learned counsel for the applicant has further
submitted that the Manager of the Madarsa, Riyaz @ Riyaz Ahmad has
been granted interim anticipatory bail by this Court in CRIMINAL
MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. -
4681 of 2026. The applicants are teachers appointed in the said
Institution. They have not embezzled any amount. They have no criminal
antecedents.
NABAIL No. 8523 of 2026
2
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has submitted that the money was credited in the account of the
applicants. The applicants, being teachers, were part of this fake Madarsa
and being responsible accused, may not be considered for grant of
anticipatory bail.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. The inspection of the Madarsa is said to have been undertaken in the
year 2017. The recognition to the Madarsa was granted on 22.01.2009.
The FIR has been lodged quite belatedly on 11.02.2025. Similarly
situated co-accused who is the Manager of the Madarsa has been granted
interim anticipatory bail by this Court. The applicants have no criminal
antecedents.
7. Taking into account all the facts and circumstances of the caseand
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicants on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicants
is allowed.
9. In the event of the arrest of the applicants Asha Yadav, Jaiveer Yadav
and Sangita Yadav, they 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 applicants shall make themselves available for interrogation by a
police officer as and when required;
ii. that the applicants 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 any police officer;
iii. that the applicants shall not leave India without the previous
permission of the Court;
iv. that the applicants shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court concerned
NABAIL No. 8523 of 2026
3
shall be at liberty to cancel the bail.
11. 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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