Allahabad High Court
Smt. Pushpa Devi vs State Of U.P. on 15 September, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:178487
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10435 of 2023
Applicant :- Smt. Pushpa Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Yash Pratap Singh,Birendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard Sri Yash Pratap Singh, 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.488 of 2023, under Sections 420, 467, 471, 120-B IPC, Police Station- Jiyapur, District- Azamgarh.
3. Learned counsel for the applicant submitted that the applicant is innocent and she has no concern with the alleged allegations as made in the first information report. He submitted that due to property greed and on account of village enmity, the applicant has been falsely implicated in the present case under a conspiracy for the purpose of harassment. Learned counsel for the applicant submitted that the will deed in question was registered on 31.05.2018. He submitted that allegation against the applicant is that she has prepared a forged will deed and the property in question was mutated in the name of Bailai Devi who is wife of Rajdev. He submitted that after death of Bailai Devi who had executed will deed in favour of the applicant, the informant lodged the present FIR after a gap of nearly five years just to create pressure upon the beneficiaries, namely, Kanchan Devi and Pushpa Devi (applicant) to give some shares to the first informant and her sister although they are not entitled to get the same. He submitted that the said will deed was never challenged before any court. He submitted that investigation is still going on and till date no charge sheet has been filed against the applicant. He further submitted that applicant has apprehension of imminent arrest and in case, the applicant is released on anticipatory bail, she will not misuse the liberty and would co-operate with the trial.
4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, she 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.
6. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Smt. Pushpa Devi, involved in the aforesaid case crime be released on anticipatory bail till conclusion of trial 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:-
(i) 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.
(ii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iii) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court.
(iv) 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.
(v) 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.
(vi) 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 her bail and proceed against her in accordance with law.
7. 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.
8. With the aforesaid observations/ directions, the application is disposed of.
Order Date :- 15.9.2023
Krishna*
