Allowed

Savitri Devi @ Sarojni v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Sept 2024ABAIL/2103/2024

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Allahabad High Court granted protection to a 74-year-old applicant accused under Sections 419, 420, 504, 506 IPC for a land dispute. The court noted the applicant's clean record and civil nature of the conflict before imposing conditions on surrender and cooperation.

What did the court decide?

Anticipatory bail granted contingent upon surrender within 20 days, furnishing a personal bond and two sureties, and cooperating in the trial without influencing witnesses.

Savitri Devi @ Sarojni vs State of U.P. Thru. Prin… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2103 of 2024

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Applicant :- Savitri Devi @ Sarojni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.398 of 2018 under sections 419, 420, 504, 506 I.P.C., P.S. Colonelganj, district Gonda.

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2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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3. It is alleged in the prosecution case that the applicant has sold a land in favour of Santosh Kumar which has already been sold by her husband in the past to some other person.

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4. Learned counsel for the applicant submits that the applicant is an old lady of 74 years of age, having no criminal history. The offence is triable by Magistrate. The dispute is primarily of civil nature. Charge sheet has been filed. The applicant has not been arrested during investigation.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

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5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant.

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6. Issue notice to respondent No.2.

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7. List on 3.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit.

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8. Considering the above aspects of the matter, the fact that the applicant has no criminal history, the undertaking given on behalf of the applicant that she will cooperate in the trial, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C.

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9. In view of the above, it is provided that on surrender by the applicant within 20 days from today, she shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court .

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10. The applicant shall cooperate in the trial and he will not influence the witnesses. Any other condition which the trial court may deem fit and proper may also be imposed.

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In case of default, the trial court shall proceed in accordance with law.

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Order Date :- 12.9.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Savitri Devi @ Sarojni v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Savitri Devi @ Sarojni v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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