Allowed

Sheetal Devi @ Sheetal Sharma v. State of Up and 2 Others

Allahabad HC16 Oct 2024ABAIL/9867/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application filed under Section 438 Cr.P.C. in a case involving criminal accusations arising from a civil dispute over land ownership, the High Court of Judicature at Allahabad granted bail to the applicant until the submission of the police report, subject to personal bond and specific conditions.

What did the court decide?

Applicant released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. on furnishing personal bond of Rs. 50,000 with two sureties each in like amount.

Sheetal Devi @ Sheetal Sharma vs State of Up and 2 Others — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164517

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9867 of 2024

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Applicant :- Sheetal Devi @ Sheetal Sharma Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Amit Daga,Manglam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

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This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.144 of 2023, under sections 420, 467, 468, 471, 120B I.P.C., P.S. Lodha, District Aligarh.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The co-accused Pinki purchased the disputed portion of land from the applicant vide registered sale deed 2.3.2023. The informant is claiming rights on the said land on the basis of sale deed dated 6.1.2023 executed by Jai Shree Devi. Earlier from the side of the informant first information report was lodged against the co-accused Sanjay @ Triloki and Pinki registered as Case Crime No. 44 of 2023 at P.S. Lodha, District Aligarh, under Sections 147, 323, 447, 384, 504, 506 I.P.C. Thereafter another first information report was lodged against the co-accused Sanjay @ Triloki and Pinki registered as Case Crime No.55 of 2023 at P.S. Lodha, District Aligarh, under Sections 147, 148, 323, 325, 427, 506 I.P.C. Thereafter applicant lodged a first information report against the wife of the informant/opposite party no.2 on 31.5.2023 at P.S. Lodha, District Aligarh registered in Case Crime No.113 of 2023, under Sections 420, 467, 468, 471 I.P.C. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant for the purposes of harassment. The case is purely civil in nature. It is next contended that the co-accused Sanjay @ Triloki, Pinki, Anil Kumar Singh have been granted anticipatory bail by this Court vide order dated 04.09.2024 passed in Criminal Misc. Anticipatory Bail Application No.8472 of 2024. The applicant has no criminal antecedents. It is next submitted that the investigation is going on

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and the applicant has apprehension of her in the above mentioned case.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and in particular the fact that both the parties are claiming ownership on the disputed and, the fact that the case is purely civil in nature, the fact that at this stage there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Sheetal Devi @ Sheetal Sharma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall herself available for interrogation by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the

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investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 16.10.2024 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Sheetal Devi @ Sheetal Sharma v. State of Up and 2 Others

Case brief

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Sheetal Devi @ Sheetal Sharma v. State of Up and 2 Others

Case brief

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