Allahabad High Court
Saraswati Devi vs State Of U.P. And Another on 26 May, 2022
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4414 of 2022
Applicant :- Saraswati Devi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Prashant Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rakesh Dwivedi and Sri G.S. Chaturvedi, learned Senior Counsels assisted by Sri Prashant Mishra, learned cousel on behalf of applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Saraswati Devi, with a prayer to release her on anticipatory bail in Case Crime No.280 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station- Dadri, District- Greator NOIDA (Commissionarte Gautam Budh Nagar), during pendency of trial.
It is contended on behalf of the applicant that she is innocent and has been falsely implicated in the present case. She did not commit any offence as alleged. Further the applicant is senior citizen and is aged about 70 years and is suffering from old age ailments. It is further submitted that no allegation has been levelled against the applicant as the same has been levelled against the co-accused Yashpal Tomar. It is further submitted that he first information report arraying the applicant as accused has been lodged by complainant without there being any complaint by any of the sellers or the farmers and the applicant also belong to SC Community. It is further submitted that the applicant is a bonafide purchaser of the land in question. It is thus, submitted that no offence under the charges Sections is made out against the applicant and the applicant has been falsely implicated in the present case due to ulterior motive. The applicant has no criminal antecedent.
Learned AGA vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and her antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.one lakh with the following conditions:-
1. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. That 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;
3. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
4. In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
5. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against her in accordance with law.
Order Date :- 26.5.2022
Dev/-
