Allowed

Kavita Chaudharya Alias Kavita Chaudhary v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Another

Allahabad HC19 Jan 2024/97/2024

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application under Section 438 Cr.P.C. for Kavita Chaudharya in a cheating case involving a sale deed witness dispute, noting the pending civil litigation and lack of criminal antecedents.

What did the court decide?

Anticipatory bail granted on personal bond and two sureties subject to conditions regarding interrogation, tampering with witnesses, and leaving the country.

Kavita Chaudharya Alias Kavita Chaudhary Vs State of… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5727

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 97 of 2024

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Applicant :- Kavita Chaudharya Alias Kavita Chaudhary Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And Another Counsel for Applicant :- Ram Mohan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned AGA informs that he has procured complete instructions in the matter including up-to-date case diary. Charge sheet in this case has already been submitted so far as the applicant is concerned.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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The instant application has been moved by the applicant- Kavita Chaudharya Alias Kavita Chaudhary, in Case Crime No. 209 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali, District- Unnao with the prayer to enlarge her on anticipatory bail, as she is apprehending arrest in the above-mentioned case.

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Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The allegations against the applicant are to the tune that she stood marginal witness of a sale deed which has been executed by one- Sitaram allegedly impersonating in favour of purchaser- Khushi Arya.

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It is vehemently submitted that the seller, namely, Sitaram has been identified in the sale deed by an advocate- Shri Pappu Lodhi of Unnao and the applicant had only stood as a witness bonafidely and she was not knowing the seller or purchaser from before the execution of the sale deed as she is a resident of Lucknow.

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It is also submitted that standing witness in the sale deed is only on account of her bonafide and she is not the beneficiary of the transaction. A civil litigation with regard to the same dispute is pending before a competent Civil Court as a civil suit has been filed by the owner of the land, namely, Sitaram for the

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cancellation of the sale deed. Thus, the dispute is purely of civil in nature. The purchaser- Khushi Arya has been granted the facility of anticipatory bail vide order dated 29.11.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.- 2732 of 2023. The applicant is not having any criminal antecedents and is ready to cooperate in the trial and he was not arrested during the course of investigation as a Division Bench of this Court has protected her arrest and there is no apprehension that after being released on anticipatory bail, she may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A. on the other hand, opposes the prayer of the anticipatory bail application of the applicant.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the applicant is not the beneficiary of the transaction. She is resident of Lucknow while the seller and purchaser are residents of different place. She stated to have stood as a witness to the sale deed bonafidely. The seller has also been identified by an Advocate. The civil litigation is also pending between the parties before a competent civil court. The purchaser has been granted the facility of anticipatory bail and the applicant is not having any criminal antecedents.

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Thus having regard to the reasons mentioned above and keeping in view the law laid down by Hon'ble Supreme Court in Siddharam Satlingappa Mhetre Vs State of Maharashtra and Ors., MANU/SC/1021/2010, Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors., MANU/SC/0100/2020, and Nathu Singh Vs. State of U.P. and Others:(2021) 6 SCC 64 , in the considered opinion of this court, the facility of anticipatory bail may also be extended to the applicant.

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Thus, the instant anticipatory bail application moved by the applicant- Kavita Chaudharya Alias Kavita Chaudhary is, hereby, allowed and it is provided that in the event of arrest of the applicant- Kavita Chaudharya Alias Kavita Chaudhary, in the above-mentioned case under any coercive process of the trial court or on her appearance/surrender before the trial court within 20 days, whichever is earlier, she shall be released forthwith on anticipatory bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the the trial Court/ Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:-

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(1) The applicant shall make herself available for interrogation

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or even for discovery of any fact 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 them from disclosing such facts to the Court or to any police officer;

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(3) The applicant shall not leave the country concerned without the previous permission of the Court.

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Applicant shall remain present before the trial court as and when her presence would be required and she would not take adjournment especially when the prosecution witnesses would be in attendance.

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If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and shall proceed against her in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 19.1.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kavita Chaudharya Alias Kavita Chaudhary v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Another

Case brief

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Kavita Chaudharya Alias Kavita Chaudhary v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Another

Case brief

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