Allahabad High Court
Chanchala Devi And Another vs State Of U.P Thru. Prin. Secy. ... on 17 May, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:34233
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1169 of 2023
Applicant :- Chanchala Devi And Noorjahan
Opposite Party :- State Of U.P Thru. Prin. Secy. /Addl. Chief Secy. Govt. Deptt. Home Civil Secrt. Lko.
Counsel for Applicant :- Rohit Tripathi,Shishir Srivastava,Syed Zulfiqar Husain Naqvi
Counsel for Opposite Party :- G.A., Nadeem Murtaza
Hon'ble Karunesh Singh Pawar,J.
1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0294 of 2022 under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Fatanpur, district Pratapgarh.
2.Heard learned counsel for the applicant, Mr. Nadeem Murtaza, learned counsel for the complainant who has filed vakalatnama today which is taken on record, and learned A.G.A. for the State.
3. In the prosecution case, it is alleged that there are eight shareholders in the land bearing gata No.1183 (area 0.408 hectare), situated at village Kalihdeeh, Tehsil Raniganj, district Pratapgarh having 280' of frontage of road side. Rizwan had 35' in his share who has already sold his share earlier and thus he had no share left on the front side facing the road. Knowing this, he on 12.9.2022t has again sold a portion of road which was part of the complainant's share, to the applicants.
It is submitted on behalf of the applicant that the offence is triable by Magistrate. The applicants are ladies. They are bona fide purchasers. From the complainant side, one of the shareholders has already filed a civil suit against the applicants. Copy of the civil suit is on record. There is an interim injunction order passed in favour of the plaintiff.
It is submitted that even if the entire prosecution story is taken as it is, no case of forgery is made out.
4.Learned A.G.A. and complainant's counsel have opposed the prayer made by the applicant's counsel. It is submitted that husbands of both the applicants are witnesses in the sale deed. The mode and manner of sale consideration of Rs.10,54,000/- has not been mentioned in the sale deed which shows that it is a sham document.
5.Learned counsel for the applicants has rebutted the contention raised by learned counsel for respondents and submits that the consideration amount mentioned in the sale deed is enough. It s submitted that the dispute is of civil nature which is already engaging the attention of the Civil court. The applicants have no criminal history. The investigation is going on. He undertakes on behalf of the applicants that they shall cooperate in the investigation.
6.Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that they shall cooperate in the investigation, the offences are triable by Magistrate, the applicants have no criminal history,l and gravity of offence, I am of the opinion that in the event of arrest, the applicants are entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the investigation.
7. In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, it is provided that till filing of the police report, in the event of arrest, the applicants shall be enlarged on anticipatory bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the arresting officer/S.H.O. concerned.
The applicants shall cooperate in the investigation/trial and they will not influence the witnesses. The accused-applicant will report to the investigating officer/police station within 20 days from today and shall further 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 order.
8.In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 17.5.2023/kkb/
