Allahabad High Court
Smt. Seema Devi And 2 Others vs State Of U.P. Thru. Secy. Home Lko. ... on 27 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. - 159 of 2023
Applicant :- Smt. Seema Devi And 2 Others
Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another
Counsel for Applicant :- Amitabh Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 172/2022, under Sections 419/420/467/468/469/471 I.P.C., P.S. Lalganj, District Raebareli.
Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the record.
This Court vide order dated 24.01.2023, while granting interim protection to the applicants, has passed the following order:-
"Heard learned counsel the applicants and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 172/2022, under Sections 419/420/467/468/469/471 I.P.C., P.S. Lalganj, District Raebareli.
As per the admitted case of the prosecution one Shakeel Ahmad Khan co-accused got the land gata No. 272kha/0.289 mutated in his name in the revenue records way back on 14.10.1993 with the connivance of revenue authorities.
Learned counsel for the applicants submits that applicant no. 1 is bonafide purchaser and a landless lady having two minor children. Applicant no. 2 is the father of applicant no. 1 and applicant no. 3 is also a relative of applicant no. 1. Applicant nos. 2 and 3 are the witnesses of the sale deed. The offence of cheating/forgery etc. might have been committed by Shakeel Ahmad Khan in the revenue records with the connivance of revenue officials. The applicants who are simple villagers. Applicant no. 1 being bonafide purchaser cannot be held accountable for that. The applicants have no criminal antecedents.
Learned counsel for the applicants submits that the applicants are not a previous convict; they have no criminal antecedents and they undertakes to cooperate in the investigation.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 15.02.2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that the alleged forgery has been committed 26 years ago; the applicants have no criminal antecedents and the applicants are undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicants namely Smt. Seema Devi, Ganga Prasad and Asharam shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicants shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
Learned counsel for the applicants submits that applicants will cooperate in the investigation.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicants submitting that the investigation is going on.
Without expressing any opinion on the merits of the case and considering the fact that alleged incident of forgery was committed 26 years ago, coupled with the undertakings given by the applicants that they will cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicants 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.
The application is allowed.
In view of the above, it is provided that in the event of arrest, the applicants namely Smt. Seema Devi, Ganga Prasad and Asharam shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall cooperate in the investigation and they will not influence the witnesses.
(2) The accused-applicants will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicants 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.
Order Date :- 27.4.2023
Saurabh Yadav/-
