This judgment holds that the applicant is not a fit case for anticipatory bail in a case alleging fraud on a will deed, noting her alleged participation and enjoyment of wrongful gains.
Anticipatory bail application refused/rejected.
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Neutral Citation No. - 2023:AHC:223652
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12511 of 2023
Applicant :- Shamila Begum Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuj Kumar Mishra Counsel for Opposite Party :- G.A.,Ankit Kapoor
Hon'ble Nalin Kumar Srivastava,J.
lady and she is totally unaware of the fact as to what manipulation was done in the will deed or revenue records. It is further submitted that the present applicant has committed no fraud and no wrongful gain has been made in her favour. It is also submitted that the present applicant is totally unaware about the mutation proceedings. It is further submitted that fraud, if any, has been committed by the co-accused, Murari Yadav, Advocate who also obtained will deed regarding a piece of land in his favour from the applicant and other co-accused persons. It is next submitted that the applicant has no criminal antecedents to her credit and she is entitled for anticipatory bail.
10. The application is rejected .
Order Date :- 24.11.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in a case alleging manipulation of will deeds and property fraud.
Whether the applicant, who is alleged to have knowledge of the fraud, is a fit case for anticipatory bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi)Followed¶14
Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 · Who else cites this
Satender Kumar Antil vs. Central Bureau of InvestigationReferred¶17
Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 · Who else cites this
1 provisions across 1 enactments
Shamila Begum
State Of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
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