Smt Mansa Devi vs State Of U.P. Through Its Principal ...
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Allahabad High Court

Smt Mansa Devi vs State Of U.P. Through Its Principal ... on 1 May, 2024

Author: Krishan Pahal

Bench: Krishan Pahal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:77545
 
Court No. - 76
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4371 of 2024
 

 
Applicant :- Smt. Mansa Devi
 
Opposite Party :- State Of U.P. Through Its Principal Secretary Home, Government Of U.P. At Lucknow And Another
 
Counsel for Applicant :- Anand Swaroop Gautam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.
 

1. List has been revised.

2. Heard Sri Anand Swaroop Gautam, learned counsel for the applicant, Sri Deepak Kumar Singh, 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.282 of 2018, under Sections 419, 420, 467, 468, 406, 506 and 382 IPC, Police Station Kotwali, District Maharajganj, during the pendency of trial.

4. As per prosecution story, the applicant is stated to have sold the land belonging to her aunt to the wife of the informant without title and had taken Rs.14 lakhs in total from him.

5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The matter of civil in nature has been converted into criminal one by the informant. The husband of the applicant has expired in the meantime, and she is ready to pay back Rs.10 lakhs due towards the wife of the informant. She is bed ridden, as such is entitled for anticipatory bail. There is no criminal history of the applicant.

6. Per contra, learned A.G.A. has opposed the anticipatory bail application on the ground that the applicant was the main accused person who had sold the land without any title. Learned A.G.A. has also state that the applicant had agitated the provisions of Section 482 Cr.P.C. by filing Application U/S 482 Cr.P.C. No.23849 of 2018 and the same has been dismissed by this Court vide order dated 10.8.2023, as such in the light of the judgment of this Court passed in Shivam vs. State of U.P. and Another, 2021 SCC OnLine All 264, the applicant is not entitle for anticipatory bail.

7. After hearing learned counsel for the parties and taking into consideration the judgment of this Court passed in Shivam (supra), I do not find it a fit case for grant of anticipatory bail to the applicant. The arguments tendered at Bar pertain to regular bail application and cannot be agitated at the stage of 438 Cr.P.C. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected.

8. 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.

Order Date :- 1.5.2024

Ravi Kant

(Justice Krishan Pahal)