Allahabad High Court
Payal vs State Of U.P. And 3 Others on 17 March, 2021
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2401 of 2021 Applicant :- Payal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Lal Mishra,Vinay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ishir Sripat Hon'ble Siddharth,J.
Heard learned counsel for the applicant; Shri Ishir Sripat, learned counsel for the informant and learned AGA for the State.
Learned counsel for the informant and learned A.G.A have filed a counter affidavits, which are taken on record.
The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Payal, in Case Crime No. 130 of 2020, under Sections 420,,467,468,471 I.P.C, Police Station Kotwali City, District Bulandshahr.
From the allegation and perusal of the record it appears that applicant is beneficiary of fraudulent sale deed allegedly executed in favour of her grand father , who has died in the year 1968.Thereafter number of litigations before the revenue court were initiated which were decided against the predecessors of the applicant. Learned counsel for the applicant has submitted that applicant is only beneficiary of the alleged fraudulent sale. She is neither the author of the same nor involved in concoction of sale deed nor has initiated any litigation.
Learned counsel for the informant has vehemently opposed the bail prayer of the applicant and has filed detail counter affidavit bringing on record the history of litigations between the parties, however role of the applicant has not been found to be more than beneficiary of the sale deed.
After considering the rival contention this court finds applicant is only beneficiary of the allegedly fraudulently execution of sale deed.
Applicant is already on interim anticipatory bail by the order dated 05.02.2021. The order is confirmed. The applicant shall remain on anticipatory bail till cognizance is taken by the court on police report, if any, under section 173 (2) Cr.P.C. before the competent Court on the same terms and conditions as given in the order dated 05.02.2021.
The anticipatory bail application is allowed.
Order Date :- 17.3.2021 Atul kr. sri.