Allowed

Pushpa Srivastava v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC9 Aug 2024ABAIL/1729/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an anticipatory bail application filed by Pushpa Srivastava in a criminal case alleging cheating, dishonestly inducing delivery of property, and forgery related to a housing loan surety. The court granted bail subject to furnishing a bond and sureties.

What did the court decide?

Anticipatory bail granted subject to personal bond, two solvent sureties, and conditions regarding interrogation, tampering with evidence, leaving the country, court appearances, and intimidating witn

Pushpa Srivastava vs State of U.P. Thru… — Contract and Commercial Disputes | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:55111

¶2

Court No. - 31

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1729 of 2024

¶4

Applicant :- Pushpa Srivastava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- R.B.S. Rathaur Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Satyendra Kumar Maurya, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶7

The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0030 of 2021, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Hasanganj, District Lucknow.

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.01.2021, against three persons, including the applicant and her two sons, stating that the accused persons had taken a housing loan by mortgaging an immovable property. The applicant had stood a surety towards repayment of loan and the F.I.R. has been lodged after the loan was not paid.

¶9

In the affidavit filed in support of the anticipatory bailapplication, it has been contended that the applicant is about 66 years old, she has no criminal history and she has been falsely implicated in the present case.

¶10

The co-accsued-Arjit Srivastava, who is the applicant's son, has already been granted anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 1499 of 2024, by means of an order dated 26.07.2024.

¶11

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶12

Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶13

In view of the above, the anticipatory bail application of the applicant is allowed .

¶14

In the event of arrest/ appearance of applicant- Pushpa Srivastava before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

¶15

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

¶16

(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;

¶17

(iii) that the applicant shall not leave India without the previous permission of the court'

¶18

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

¶19

(v). that the applicant shall not pressurize/ intimidate the prosecution witness.

¶20

[Subhash Vidyarthi,J.]

¶21

Order Date :- 9.8.2024 Ruhi H.

¶22

Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad, Lucknow Bench

Pushpa Srivastava v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Pushpa Srivastava v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko vs Sunil Kumar Sonkar

Suraj vs the State of U.P. Thru. Prin.Secy. Home

Mewa Lal Gautam vs State of U.P. Thru. Prin. Secy. Home Civil Secrt. Govt. Lko.

Sateesh Kumar vs State of U.P. Thru. Prin. Secy. Home Lko.

Ravindra Kumar Yadav @ Ravindra vs State of U.P. Thru. Secy. Deptt. of Home Lko. and 3 Others

Dharmendra Prajapati vs the State of U.P. Thru. Prin. Secy. Home