Allowed

Nagma Parveen v. State of U.P. and Another

Allahabad HC22 May 2023CRLA/9801/2022

Case brief

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What is this about?

Single judge bench allowed the criminal appeal for anticipatory bail. The appellant, charged with cheating and forgery offenses, sought confirmation of interim bail. The court confirmed interim bail, added a condition prohibiting possession of disputed property until trial completion, and relied on Sushila Aggarwal.

What did the court decide?

Interim anticipatory bail confirmed on original terms with additional condition not to take possession of disputed property.

Nagma Parveen Vs State of U.P. and Another — Property and Title | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 9801 of 2022

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Appellant :- Nagma Parveen Respondent :- State of U.P. and Another Counsel for Appellant :- Anuruddh Chaturvedi Counsel for Respondent :- G.A.,Rohit Kumar Singh

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Hon'ble Siddharth,J.

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Heard Sri Anuruddh Chaturvedi, learned counsel for the appellant; Sri Rohit Kumar Singh, learned counsel for the informant and learned A.G.A for the State.

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The instant criminal appeal for grant anticipatory bail has been filed on behalf of the appellant, Nagma Parveen, with a prayer to release them on anticipatory bail in Case Crime No.250 of 2022, under Sections- 419, 420, 467, 120B, 504 and 506 IPC and Section 3(1)D of SC/ST Act, Police Station- Muhammadabad, DistrictMau.

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Learned counsel for the appellant submits that the appellant was enlarged on interim bail by this court by order dated 16.12.2022.

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Learned counsel for the informant has appeared and has filed counter affidavit.

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After hearing the rival contentions, this court finds the only allegation against the appellant is that he has entered into the disputed agreement to sale but it is admitted to the parties that no sale deed has been executed regarding the land in dispute, hence no title of property in dispute has been transferred.

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For the reasons given in the interim anticipatory bail order dated 16.11.2022, the interim anticipatory bail granted to the appellant is hereby confirmed. She is directed to remain on anticipatory bail on the same terms and conditions as given in the earlier order dated 16.11.2022. The appellant shall remain on anticipatory bail as per the judgment in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98, till continuation of trial with additional condition that she will not take possession over the property in dispute, save in accordance with law.

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In case, the appellant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law,

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laid down by Apex Court in Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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Criminal appeal is allowed.

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Order Date :- 22.5.2023 A Gautam

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Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Nagma Parveen v. State of U.P. and Another

Case brief

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Nagma Parveen v. State of U.P. and Another

Case brief

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