Court allowed anticipatory bail application of applicants Meera Devi and Sowaran in a cheating and forgery case, directing them to be released on personal bond with conditions to ensure cooperation and avoid tampering with evidence.
Anticipatory bail granted on personal bond of Rs.50,000/- and two sureties each, subject to conditional undertaking.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10828 of 2022 Applicant :- Meera Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Satya Narayan Yadav, learned counsel for the applicants and Sri Rajesh Kumar Srivastava, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.516 of 2016, registered under Sections 419, 420, 467, 468 and 471 IPC at Police Station- Shikohabad, District Firozabad with a prayer to enlarge them on anticipatory bail.
As per prosecution story, the co-accused person Arjun Singh is stated to have sold a land through registered sale deed to the informant in the year 2012 and is stated to have again executed a sale deed in favour of applicant no.1 in the year 2016 without any title. Applicant no.2 is the marginal witness to the said sale deed executed on 23.04.2016.
Learned counsel for the applicants has stated that applicant no.1 is a lady and a bona fide purchaser of the land and has nothing to do with the said offence. Applicant no. 1 herself is a victim. Applicant no.2 is the marginal witness and is not a beneficiary of the said act whatsoever. The main accused person is the Arjun Singh who has committed fraud with the applicant no.1 as well as the informant. There are no criminal antecedents of the applicant. The case of the applicants is at a different footing to the main accused Arjun Singh. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Meera Devi and Sowaran be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 18.11.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.11.18 17:04:01 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants are liable to be enlarged on anticipatory bail in a cheating and forgery case.
Whether the applicants have criminal antecedents or involvement in the transaction alleged as fraud.
Colour shows how this judgement treated each authority
6 provisions across 2 enactments
Meera Devi
Sowaran
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
