Thakur Alka vs State Of Himachal Pradesh

Jiya Lal Bhardwaj, J

By way of the present application moved under Sections 482 of BNSS, a prayer has been made for grant of pre-arrest bail.

The applicant had earlier filed the bail application for grant of pre-arrest bail in respect of an FIR No.104 of 2025 dated 02.08-2025 lodged against her under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code at Police Station Barsar, Distt. Hamirpur, H.P. The learned trial Court had dismissed the bail application taking into account the fact that the petitioner has disclosed that she was apprised of Maternity Welfare Scheme in the year 2022 by one Pankaj Sharma @ Kala. While dismissing the application, the learned trial Court had also taken into account the fact that during investigation, it has come to notice that the petitioner had produced the forged Service Continuity Certificate on which basis, she took benefit of such government grant from the Government and in such certificates, the names, addresses and signatures of persons are mentioned in whose houses, the applicant had done the labour work. However, on verification, it was found that no labour work has been done in their houses by the applicant nor it bears their signatures.

The FIR against the petitioner has been lodged on 02.08.2025. She had preferred the bail application on 26.09.2025. The learned Trial Court has dismissed the bail application on 17.01.2026.

A perusal of the status report also reveals that the petitioner had deposited a sum of Rs.79,000/- on 01.09.2025 in the Welfare Board account, which was allegedly embezzled by her.

No doubt, the petitioner has deposited the amount but it does not mean that she has committed the alleged offence, qua which, an FIR has been lodged against her. It has also come that the applicant has not been involved in any other criminal case prior to the present FIR in which she has been arrested.

The applicant has also submitted in the application that she is a respected citizen of society and having no prior criminal history. Not only this, the applicant has two daughters and one son at home and as such, her liberty is also at stake in case she is not enlarged on anticipatory bail.

I have heard learned Counsel for the petitioner and learned Additional Advocate General for the State.

The FIR against the petitioner has been lodged on 02.08.2025 and thereafter, she had filed the bail application before the learned Trial Court on 26.09.2025. During the pendency of the bail application, the petitioner has been associating herself with the investigation conducted by the Investigating Officer.

It is settled law that till the person is convicted, he is presumed to be innocent. In the present case, nothing is to be recovered from the petitioner. Liberty of a lady is of paramount consideration.

Therefore, this Court is of the considered opinion that the petitioner is to be granted anticipatory bail, more particularly when investigation has been conducted since 02.08.2025 and for the last more than five months, she is associating herself with the Investigating Officer. However, the anticipatory bail is granted to her on the following conditions:-

• That in the event of arrest of the petitioner, she will be enlarged on bail on furnishing of personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Arresting Officer;

• That the applicant shall appear before the I.O as and when required by the Investigating Officer;

• That the applicant shall not interfere with the investigation ;

• That she will not dissuade any of the witnesses; and further not leave the country without the permission of the Court.

It is expressly made clear that in case of violation of any of these conditions, the prosecution will have the right to file a petition for cancellation of the bail. Application is accordingly disposed.