Partly allowed

Atar Pal Singh v. State of U.P.

Allahabad HC19 Nov 2024ABAIL/10582/2024

Case brief

AI extract

What is this about?

High Court granted interim protection to an 84-year-old applicant in an anticipatory bail application involving sections 420, 467, 468, and 471 IPC. The court considered the civil nature of the dispute, the applicant's age, lack of criminal history, and undertaking to cooperate.

What did the court decide?

Interim protection granted subject to personal bond and sureties, cooperation with investigation, and restrictions on leaving India.

Atar Pal Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 68

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10582 of 2024

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Applicant :- Atar Pal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel the applicant and learned A.G.A. for the State.

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The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.85 of 2024, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Budaun.

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In the prosecution case it is alleged that Late Vichitra Devi who was the grand-mother of the informant has died. In her life-time on 19.08.2011, she has executed a will in favour of the applicant and others however, it is further alleged that after some time of the registry of that will, some manipulation has been done in that will regarding the immovable property.

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Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Applicant is 84 years old. The dispute is primarily civil in nature. The F.I.R. has been lodged after delay of 13 years. He also submits that no civil suit has been filed by the informant in regard to the property in dispute.

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It is lastly submitted by learned counsel for the applicant that he has not derived any benefit as a result of alleged manipulation in the will till date. Applicant has no criminal history.

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Learned counsel for the applicant undertakes to cooperate in the investigation.

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Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

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List on 11.12.2024.

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In the meantime, parties shall exchange their pleadings.

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Considering the above aspect of the matter, perusal of the record as well as the fact that applicant has no criminal history, old age of the applicant and also the fact that dispute appears to be civil in nature and the undertaking given by learned counsel for the applicant that applicant will cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 , it would be appropriate to grant interim protection to the applicant.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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Order Date :- 19.11.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad

Atar Pal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Atar Pal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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