Allahabad High Court
Gaiti Ara vs State Of U.P. Thru. Prin. Secy. ... on 25 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 402 of 2023
Applicant :- Gaiti Ara
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another
Counsel for Applicant :- S Malik E Ashtar Rizvi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime 23 of 2021, under Sections 506/352/504/471/468/467/420 I.P.C., P.S. Wazirabad, District Lucknow with a prayer to enlarge him on anticipatory bail.
As per the prosecution case, the dispute is civil in nature and a civil suit was earlier filed by the applicant pertaining to khasra No. 60 and 61 which was decreed vide judgment and order dated 07.09.1994 passed in civil suit No. 164 of 1994.
It is alleged in the prosecution case that the applicant has executed the sale deed on the basis of forged documents, however, it is wakf land pertaining to khasra no. 60 and 61. It is further submitted that the applicant is a lady aged about 63 years and is suffering from various diseases. Charge sheet against the applicant is yet to be filed. The applicant undertakes to cooperate in the investigation.
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.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that she will cooperate in the investigation as also the fact that the applicant is a lady; dispute is civil in nature and she undertakes to cooperate in the the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, it is provided that in the event of arrest, the applicant Gaiti Ara shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.
(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicant shall not leave India without previous permission of the Court.
(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
The application is disposed of.
Order Date :- 25.4.2023
R.C.
