Usha Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Neutral Citation No. - 2025:AHC-LKO:48172

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2508 of 2024

Applicant :- Usha Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Case called out.

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No one is present on behalf of the applicant and neither any request for adjournment of the case has been made.

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As the present anticipatory bail was filed on 07.11.2024, the Court proceeds to decide the bail application after perusal of the record with the assistance of Shri Jayant Singh Tomar, learned A.G.A.-I.

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The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 24.03.2025:

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"1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State.

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2. Issue notice to opposite party No.2.

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3. First anticipatory bail application has been filed with regard to case crime/F.I.R. No. 35 of 2022, under Sections 419, 420, 467, 468, 471 IPC, P.S. S.I.T, District Lucknow.

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4. As per contents of first information report, the applicant along with coaccused allegedly prepared a forged sale deed said to have been executed on 3rd July, 1971 and filed a mutation application on that basis after 50 years thereby seeking to defraud the informant. The F.I.R. states that the applicant alongwith co-accused are members of a gang actively involved in misappropriation of immovable property on the basis of fabricated sale deed.

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5. Learned counsel for applicant submits that she has been falsely

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implicated in the charges levelled against her only on the ground that she is mother-in-law of main accused Brijesh Kumar Awasthi who has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 8596 of 2024 vide order dated 4th December, 2024. He has also adverted to the order dated 20th September, 2024 passed by Supreme Court in special leave to appeal (Criminal) No. 12998 of 2024 whereby another co-accused Vimlesh indicated as wife of main accused Brijesh Kumar Awasthi has been granted protection. It is submitted that the applicant being an aged lady is entitled to parity to the aforesaid orders particularity in the case of Vimlesh who has been granted protection in the anticipatory bail application.

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6. Learned A.G.A. has opposed anticipatory bail application with submission that as evident from perusal of first information report, the applicant is a member of a gang actively involved in misappropriation of immovable property in creation of fabricated sale deeds.

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7. Considering aforesaid facts and particularly as prima facie evident that co-accused have already been provided protection by this Court as well as by Supreme Court as also after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.

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8. Let the accused-applicant Usha Mishra as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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9. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

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(i) That the accused-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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(ii) 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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10. List this case on 15th April, 2025 along with service report.

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11. Objections may be filed in the meantime. The applicant shall also file a supplementary affidavit indicating the status of previous criminal history indicated in paragraph No. 24 of the affidavit filed in support of bail application."

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The complainant has filed a counter affidavit opposing the anticipatory bail application and he has also filed an application for recall of the order dated 24.03.2025 but no one is present to

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press the recall application.

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In the application for recall of the order of interim anticipatory bail granted to the applicant, it has been stated that the applicant is mother-in-law of the main co-accused Brijesh Kumar Awasthi, she resides with her son-in-law Brijesh Kumar Awasthi and she has stated that as Brijesh Kumar Awasthi is her relative, she has to be at his side whether he is right or wrong.

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This Court has granted interim anticipatory bail to the applicant after taking into consideration of the relevant facts of the case and also the order dated 20.09.2024 passed by the Hon'ble Supreme Court in SLP (Criminal) No.12998 of 2024 wherein another co-accused Vimlesh, who is said to be the wife of main co-accused Brijesh Kumar Awasthi, has been granted stay of arrest on condition of co-operating in the investigation.

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Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant.

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Accordingly, the anticipatory bail application is allowed. The interim order dated 24.03.2025 is made absolute in terms of the aforesaid order.

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The application for recall of the order dated 24.03.2025 is rejected.

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Order Date :- 18.8.2025 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Usha Mishra v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Usha Mishra v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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