Allahabad High Court
Devki vs State Of U.P. And Another on 24 August, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:171348
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8354 of 2023
Applicant :- Devki
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Dutt Awasthi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant and Sri Amit Kumar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.677 of 2021 (Puran Singh vs. Devki and others), registered under Section 420 I.P.C. at Police Station- Ajeetmal, District- Auraiya with a prayer to enlarge her on anticipatory bail.
4. As per prosecution story, the applicant is stated to have sold a plot measuring 50 x 21 feet in favour of the informant in lieu of the consideration amount of Rs.11,50,000/-. Subsequently, after getting the electricity and water connection and undertaking construction of the said plot, the complainant came to know that the said land belongs to Nagar Panchayat, Ajeetmal, Auraiya.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. Learned counsel has stated that the applicant holds the valid title of the said land. The applicant has nothing to do with the said offence. Learned counsel has further stated that it is also an established fact that the informant had taken the water and electricity connection of the said land. The said notice has been issued in the light of him encroaching upon the land of Nagar Panchayat. Learned counsel has stated that the matter of civil nature has been converted into criminal one. The applicant has no criminal history to her credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest Learned counsel has stated that the applicant undertakes that she has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
7. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Devki be released forthwith in the aforesaid complaint case (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make herself available for interrogation by a police officer as and when required;
(ii). 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 or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 24.8.2023
Vikas
[Krishan Pahal, J.]
