SC Sets Aside Allahabad High Court Order, Protects Senior Citizen from Arrest.


23 September 2025 FIR >> Criminal Law   |   Forgery >> Criminal Law  

Supreme Court has granted anticipatory bail to a 71-year-old woman, Usha Mishra, who was accused of cheating, forgery, and conspiracy relating to an over decade-old criminal case registered in Uttar Pradesh's Gonda district.

The case is based on an FIR lodged in 2015 at the Kotwali Nagar police station under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code. Pre-empting her arrest during investigation, Mishra had approached Allahabad High Court, Lucknow Bench, earlier this year by making an anticipatory bail plea. But the High Court dismissed her application on April 17, 2025.


 

 

Opposing this order, she came to the Supreme Court in a special leave petition. On May 26, 2025, the top court issued interim protection to her after serving notice to the State. Hearing both parties, the bench of Justice B.V. Nagarathna and Justice R. Mahadevan pronounced its order on September 23, 2025.

Appellant's counsel argued that not withstanding the long investigations, no chargesheet had been submitted against her in the second stage of the inquiry, and she had assisted the investigating authorities to the full extent of her powers. They also highlighted her advanced age as a pertinent consideration in granting protection from arrest.

Conversely, the State was against the plea, arguing that an award of anticipatory bail could adversely affect the trial since Mishra's complicity was clear from the documents.

Balancing both sides, the Bench noted that the fact that there was no chargesheet filed against the appellant and that she continued to cooperate warranted protection under Section 438 of the Code of Criminal Procedure. In line with this, the Court quashed the Allahabad High Court's order and granted the appeal.

The Court ordered that upon her arrest, Mishra be released on bail against paying a cash bond of Rs.25,000 with two sureties of the same value. The order further stipulated that she would have to cooperate with the trial, desist from interfering with witnesses, and not tamper with evidence.

With these orders, the appeal was disposed of, bringing long-awaited relief to the appellant.


Section 120B., Indian Penal Code - 1860  

Section 419., Indian Penal Code - 1860  

Section 420., Indian Penal Code - 1860  

Section 467., Indian Penal Code - 1860  

Section 468., Indian Penal Code - 1860  

Section 471., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 438., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973