Allahabad High Court
Sarla Sharma vs State Of U.P. And Another on 11 May, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:101624
Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4527 of 2023
Applicant :- Sarla Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhishek Pandey
Counsel for Opposite Party :- G.A.,Vivek Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Abhishek Pandey, learned counsel for the applicant, Sri Vivek Singh, learned counsel for the informant, Sri Rohit Dubey, learned A.G.A. for the State and perused the material placed on record.
3. The present application for anticipatory bail has been filed for anticipatory bail in Case Crime No.569 of 2016, Case No.14236 of 2017, under Sections 420, 467, 468, 471 and 120-B I.P.C., Police Station Kankerkheda, District Meerut, during the pendency of trial.
4. As per prosecution story, the uncle of the informant is stated to have expired on 28.03.1993 and he had already executed a Will deed dated 26.03.1990 in favour of the informant. Subsequent to it, the applicant is stated to have forged the Will deed of the informant on the basis of forged death certificate dated 03.09.2012 of his uncle and even got his name entered in the records of the Nagar Nigam, Meerut on 21.07.2015.
5. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The FIR is delayed by about one year and there is no explanation of the said delay caused. The informant herein had filed a suit for temporary/permanent injunction and had failed. The applicant has been granted injunction in the said case and got protection from this Court in the said civil case. The applicant had filed a petition u/s 482 Cr.P.C. challenging the charge-sheet, which is still pending. The said stay order has been vacated in the light of the judgment of Apex Court passed in the case of Asian Resurfacing of Road Agency Pvt. and Another vs. Central Bureau of Investigation reported in 2018 (16) SCC 299. Subsequent to it, NBW was issued against the applicant and she had filed a fresh petition u/s 482 Cr.P.C. before this Court, which could not be taken up and it has clubbed with the earlier petition filed u/s 482 Cr.P.C. There is no criminal history of the applicant. 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.
6. Per contra, learned counsel for the informant has vehemently opposed the anticipatory bail application on the ground that the applicant is a proclaimed offender and has been dillydallying and delaying the trial on one pretext or the other for the last eight years and she has filed a petition u/s 482 Cr.P.C. twice and has not succeeded as such. The trial court after issuing NBW has declared the applicant proclaimed offender by invoking the powers under Section 82 Cr.P.C. vide order dated 16.02.2023. The applicant is not entitled for bail in the light of the settled law of the Apex Court passed in the case of Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730.
7. Learned A.G.A. has also opposed the anticipatory bail application on the ground that the applicant is a proclaimed offender.
8. After hearing learned counsel for the parties and taking into consideration the fact that the applicant has already availed the power u/s 482 Cr.P.C. twice and also that she has been declared a proclaimed offender, I do not find it a fit case for grant of anticipatory bail to the applicant.
9. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected.
10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal, J.)
Order Date :- 11.5.2023
Ravi Kant
