Allowed

Surmati Devi @ Sursatti Devi v. State of U.P. and Another

Allahabad HC16 Jul 2021ABAIL/8589/2021

Case brief

AI extract

What is this about?

This single-judge order grants anticipatory bail to the applicant, Surmati Devi, in a criminal case involving alleged forgery and cheating, with conditions to appear for interrogation and not leave India without permission.

What did the court decide?

Granted anticipatory bail on furnishing a personal bond of Rs. 25,000 with two sureties, subject to conditions of appearing for interrogation, not tampering with evidence, and not leaving India.

Surmati Devi @ Sursatti Devi Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8589 of 2021 Applicant :- Surmati Devi @ Sursatti Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Learned counsel for the applicant prays for and is permitted to delete the opposite party no. 2 from the array of parties during the course of the day.

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After deletion, heard learned counsel for the applicant and learned A.G.A. for the State of U.P.

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This anticipatory bail application has been filed by the applicant Surmati Devi @ Sursatti Devi with the prayer to grant her anticipatory bail in Case Crime No. 44 of 2021, under Sections 419, 420, 406, 504, 506, Police Station Cholapur, District Varanasi.

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Submission of the learned counsel for the applicant is that as per first information report version, the applicant after pasting the photograph of informant, registered the forged sale deed and, therefore, the first information report has been lodged. Further submission is that the registered sale deed was executed in the year 2013. The police is regularly making all efforts to arrest the applicant. In view of the threat of arrest, the applicant has applied for anticipatory bail. The first information report discloses that the present offence is a kind of civil litigation and the applicant is a woman. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.

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Learned A.G.A. has opposed the prayer for anticipatory bail but he has not disputed the aforesaid facts.

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Considered the submission of both the sides and finding that the alleged sale deed was executed in the year 2013 and the first information report indicates that the present offence is a kind of civil dispute and the applicant is a lady and there is threat of her arrest, I find it to be a fit case for anticipatory bail and the applicant is liable to be released on anticipatory bail.

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Let applicant Surmati Devi @ Sursatti Devi with the prayer to grant her anticipatory bail in Case Crime No. 44 of 2021, under Sections 419, 420, 406, 504, 506, Police Station Cholapur, District Varanasi with the prayer to grant her anticipatory bail in Case Crime No. 44 of 2021, under Sections 419, 420, 406, 504, 506, Police Station Cholapur, District Varanasi, on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-

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1)The applicant shall make herself available for interrogation by a police officer as and when required;

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2)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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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3)The applicant shall not leave India without the previous permission of the court;

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4)In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.

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Order Date :- 16.7.2021 sailesh

Surmati Devi @ Sursatti Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Surmati Devi @ Sursatti Devi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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