Allahabad High Court
Smt. Shahjahan Begum vs State Of U.P. Through Principal ... on 6 December, 2022
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 96 of 2022
Applicant :- Smt. Shahjahan Begum
Opposite Party :- State Of U.P. Through Principal Secretary (Home) Civil Secretariat Lucknow
Counsel for Applicant :- Bharat Kumar Dixit
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 16.12.2021 passed by learned Sessions Judge, Lucknow seeking Anticipatory Bail in Case Crime No. 103 of 2019, under Sections 406, 419, 420, 506, 467, 468, 471, 504 IPC, Police Station Wazirganj, District Lucknow.
On 14.02.2022, Coordinate Bench of this Court, while granting interim anticipatory bail to the applicant, has passed following order :-
"Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R. No. 103/2019, under Section 406/419/420/506/467/468/471/504 Indian Penal Code, Police Station Wazirganj, District Lucknow, with a prayer to enlarge her on anticipatory bail.
Learned counsel for the applicant submits that in the F.I.R. the allegations are on Sudheer Kumar Gupta and there is no allegation in the F.I.R. against the applicant. The applicant is a bonafide purchaser relating to the incident which took place 15 years ago and the present F.I.R. has been lodged in the year 2019. The applicant being the bonafide purchaser aged about 60 years old lady is being unnecessary harassed by the police.
It is further submitted that the applicant has purchased the land from Sudhir Kumar Gupta as he has been shown legal successor of the land after demise of Keshav Narayan, which has been mentioned in Jot Chakbandi Akar Patra- 45 and Khatauni of the land in question, the copy of the Jot Chakbandi Akar Patra - 45 and Khatauni have collectively been annexed as Annexure No.3 to the paper book. It is further submitted that the another purchaser Mohd. Ishtiyaq like the present applicant, who has approached this Court by filing Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. -15213 of 2021, in which ad interim protection has been granted by this Court vide order dated 22.12.2021 and the copy of the same has been Annexed as Annexure 8 to the paper-book. It is further submitted that the role assigned against the applicant is similar to the role of co-accused Mohd. Ishtiyaq, whose name is also in the F.I.R., hence, the applicant is also entitled for the parity of ad interim order dated 22.12.2021.
Learned counsel for the applicant undertakes that he will cooperate in the investigation failing which the State can move appropriate application for vacation of the interim protection.
Learned A.G.A. has opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.
On due consideration to the arguments advance by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the applicant is aged about 60 years old lady, the incident is 15 years old and the offences are triable by magistrate and so also considering the nature of accusations and antecedents of the applicant, the applicant, as an interim measure, may be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest, the accused-applicant Smt. Shahjahan Begum, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond of Rs. 25000/- each and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) the applicant shall make herself available for interrogation as and when required;
(ii) 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; and
(iii) the applicant shall not leave India without the previous permission of the Court.
Learned A.G.A. prays for and is granted two weeks time to file counter affidavit.
List this case in the week commencing 14.02.2022."
It is submitted by learned counsel for the applicant that till date, no charge-sheet has been submitted in this case. The applicant is cooperating with the investigation and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 25.01.2022 by the Coordinate Bench of this Court.
Learned A.G.A for the State does not dispute the aforesaid factual aspect of the matter as argued on behalf of the applicant.
In view of the above, aforesaid interim anticipatory bail order dated 25.01.2022 is made absolute till submission of police report under Section 173(2) Cr.P.C. on the terms and conditions as indicated in the above order dated 25.01.2022.
With the aforesaid observations and directions, the instant anticipatory bail application is allowed.
Order Date :- 6.12.2022
saurabh
