Allahabad High Court
Smt Maya Devi vs State Of U.P. on 16 December, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238568
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13689 of 2023
Applicant :- Smt Maya Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Vishwakarma,Abhishek Kumar Singh,Ankita Gupta,Harish Chandra Yadav,Ram Dulare Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 416 of 2023, under sections 419, 420, 467, 468, 471 IPC, P.S. Sambhal, District Sambhal, during the pendency of application.
3. In short as per contents of the FIR, co accused Veerpal along with others are said to have applied for succession by showing the informant dead and by showing himself as brother of the informant and on the basis of the forged documents property of the informant has been sold in the name of the applicant. The applicant is also shown to be involved in the said conspiracy.
4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. Learned counsel for the applicant submits that applicant is bonafide purchaser and after the sale deed name of the applicant has been recorded in the revenue record. It is further submitted that applicant is 80 years old lady and is suffering from various old age diseases. It is further submitted that matter is civil in nature and has been given criminal colour just to harass the applicant.The applicant is having definite apprehension that he may be arrested by the police any time.
5. Learned AGA has opposed the prayer for bail, but could not dispute the said facts.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant Smt Maya Devi, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) 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
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that she 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.
(6) In case, the applicant misuses the liberty of bail, the 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.
(7) 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 his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands disposed of.
Order Date :- 16.12.2023
RavindraKSingh
