Smt Nidhi Kaushik v. State Of U.P. And 2 Others

Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No. 224 of 2023, under Sections 419, 420, 467, 468, 471, 406, 506 I.P.C., Police Station Siddharthnagar, District Siddharthnagar, with the prayer that in the event of arrest, applicant may be released on bail.

Learned counsel for the applicant submits that to show his bonafide for settling the matter on 10.09.2024 the applicant had handed over a demand draft of Rs. 1,25,000/- which was received by the learned counsel for the informant and this Court with the consent of parties referred the matter to the Mediation Centre of this Court on the same day while granting interim anticipatory bail to the applicant till the next date of listing. Learned counsel further submits that before the Mediation Centre both the parties appeared and arrived at an amicable settlement which was reduced in writing vide report of the Mediation Centre of this Court dated 06.11.2024, which is on the record. As per the report of the Mediation Centre the applicant had already handed over a demand draft of Rs. 21,00,000/- issued in the name of Anushka Singh, as such there remains no dispute between the parties regarding the present matter. It was also agreed before the Mediation Centre that all civil and criminal cases filed by both the parties against each other or their family members/ relatives regarding present dispute shall be withdrawn by them by taking appropriate steps before the Court/ authority concerned. Learned counsel for the applicant further submits that after perusing the aforesaid report of the Mediation Centre a coordinate Bench of this Court vide order dated 19.11.2024 had granted bail to the husband of applicant, namely, Vaishnav Kaushik alias Rajat passed in Criminal Misc. Bail Application No. 36011 of 2024. Learned counsel for the applicant also informed that in the present matter charge sheet has already been filed. It has been argued by the learned counsel for the applicant that applicant is innocent and she has an apprehension that she may be arrested in the above mentioned case. It was also submitted that applicant undertakes to cooperate during trial and she would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and would obey all conditions of bail.

Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail, but they could not dispute the facts asserted on behalf of applicant.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, the present anticipatory bail application is finally disposed of with the direction that, in the event of arrest, the applicant- Smt Nidhi Kaushik, involved in the aforesaid case shall be released on anticipatory bail on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned the following conditions :- (i) The applicant shall attend the court proceedings as and when required. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail.

In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 26.5.2025 Mustaqeem. MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad