Preeti vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3875 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 272 of 2023
 
Applicant :- Preeti
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another
 
Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai
 
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. 439/2017, under Sections 419/420 I.P.C., P.S. Aashiyana, District Lucknow.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submits that the applicant is a lady of 37 years and having two year old child. The alleged offence is said to have been committed in the year 2005 and the FIR has been lodged after a delay of 12 years without there being any explanation of the delay.

It is further submitted that pursuant to the power of attorney executed by respondent no. 2 in favour of the applicant, no overt act has been done by the applicant, neither property has been alienated in favour of anyone. On the contrary in consequence to power of attorney, the applicant has been regularly paying the remaining monthly EMI of the house in question. In other words, she has only paid the monthly installments which were supposed to be paid by opposite party no. 2 and thus no offence is said to have been committed by the applicant. The F.I.R. has been lodged by respondent no. 2 who is an old man of 87 years old on the pressure being exerted by his son who was earlier living in Maharashtra and now in Lucknow. Even otherwise, the dispute is purely civil in nature, the signatures of opposite party no. 2 has not been sent for scientific investigation to FSL and charge sheet has been filed in a very casual manner. The applicant has no criminal antecedents and she undertakes to cooperate in the trial.

Issue notice to respondent No. 2.

Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.

List on 15.03.2023.

On due consideration to the argument advanced as well as perusal of the record and the fact that there is substantial delay in lodging the F.I.R.; the applicant who is a lady having no criminal history; the applicant is not a previous convict and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-

(1) The applicant shall cooperate in the trial and she will not influence the witnesses.

(2) The accused-applicant will remain present on each and every date fixed by the trial court.

(3) The applicant shall not leave India without previous permission of the Court.

Order Date :- 7.2.2023

R.C.