Allowed

Rekha Gupta v. State of U.P. and Another

Allahabad HC18 May 2023ABAIL/4875/2023

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by an accused charged with offences under Sections 170, 419, 420, 406 IPC. The court relied on the decision in Sushila Aggarwal to grant bail subject to specific conditions, including the furnishing of a personal bond with two sureties.

What did the court decide?

Anticipatory bail granted on a personal bond with two sureties, subject to conditions regarding interrogation, tampering with evidence, and appearance in court.

Rekha Gupta Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:108267

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4875 of 2023 Applicant :- Rekha Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Ojha,Bhupendra Pal Counsel for Opposite Party :- G.A.,Banshi Dhar Mishra Hon'ble Krishan Pahal,J.

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Heard Sri Bhupendra Pal, learned counsel for the applicant and Sri Banshi Dhar Mishra, learned counsel for the informant as well as Sri R.M. Yadav, learned A.G.A. for the State and also perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 26 of 2023, under Sections 170, 419, 420, 406 IPC, Police Station and District Siddharth Nagar, with a prayer to enlarge her on anticipatory bail.

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As per prosecution story, the applicant is stated to be the principal of the institution and was removed by the Management Committee in the month of June, 2022. Despite her removal, the applicant is stated to have issued several transfer certificates and other documents to the students of the institution, and thus, has committed forgery.

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Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has next stated that pursuant to the said FIR, the husband of the applicant had expired due to heart attack. Learned counsel has next stated that in all, three FIRs have been instituted against the applicant by the same Management Committee and as a counterblast, the applicant has also instituted two FIRs and a complaint case against the members of the Management Committee. Learned counsel has also stated that the matter has been converted into criminal one as initially, the FIR was instituted by the applicant.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. In case, the anticipatory bail application of the applicant is allowed, she will not misuse the liberty and shall cooperate with

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trial.

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On the other hand, learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

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On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 ", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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In the event of arrest of the applicant, Rekha Gupta involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make herself available for interrogation by a police officer as and when required;

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ii. that 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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iii. that the applicant shall not leave India without previous permission of the court;

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iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Justice Krishan Pahal)

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Order Date :- 18.5.2023\Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Rekha Gupta v. State of U.P. and Another

Case brief

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Rekha Gupta v. State of U.P. and Another

Case brief

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