Allahabad High Court
Sunita Devi vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 October, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:68595 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2138 of 2024 Applicant :- Sunita Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A.,Dinesh Kumar Shukla Hon'ble Karunesh Singh Pawar,J.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 879/2023, under Sections 419/420/467/468/471/120-B/506 I.P.C., P.S. Kotwali Nagar, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State. None appears on behalf of respondent no. 2.
In the prosecution case, it is alleged by the informant that his father Late Shri Tarun Chandra Tiwari died on 02.07.2023. The accused persons nos. 1 to 4 in connivance with accused no. 5 to 11 committed forgery by preparing a forged will deed/sale deed allegedly executed by late Tarun Chandra Tiwari in favour of Smt. Jamwanti on 02.07.2023 and got it registered on 25.10.2019 in the office of Registrar Sadar, Gonda. It is also alleged that the applicant and Vishnu were witnesses in the sale deed.
Learned counsel for the applicant submits that earlier one FIR was lodged by the same complainant against the accused persons alleging that regarding the same land, a fake will deed was prepared in which the applicant was witness. He also submits that the prosecution story is highly improbable as once a fake sale deed has been executed by the accused persons, there was no occasion to prepare another deed in respect of the same property by same persons. The offences are triable by magistrate. The applicant is a lady. She has explained her criminal antecedent. The applicant being the marginal witness is not concerned with the alleged offence. The applicant is not the beneficiary.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.
Learned counsel for the applicant further submits that he will cooperate in the investigation.
On due consideration to the fact that the applicant is a lady; offences are triable by magistrate; the dispute prima facie appears to be civil in nature; she has explained her criminal antecedents and she is not a previous convict, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicant shall report to the investigating officer within 15 days from today.
(2) The applicant shall cooperate in the investigation and he will not influence the witnesses. (3) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (4) The applicant shall not leave India without previous permission of the Court.
(5) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
The application is allowed.
Order Date :- 3.10.2024 R.C.