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Smt Maya Devi v. State of Up and Another

Allahabad HC14 Feb 2025ABAIL/4386/2024

Case brief

AI extract

What is this about?

Allahabad High Court (Vivek Varma, J., 14.02.2025), Anticipatory Bail Application (S.438 Cr.P.C.) No. 4386 of 2024, Smt Maya Devi v. State of U.P.: anticipatory bail in Case Crime No. 235 of 2023, Ss. 420/467/468/471/504/507 IPC, P.S. Meerganj, Bareilly; cheating-forgery charges arising from failed land-sale agreement (plots 572, 574); civil dispute vs criminal proceedings; bail till submission of police report; bond Rs. 50,000 with two sureties; IO to finish investigation within three months.

What did the court decide?

Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C.; in the event of arrest, release on personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions; applicant to produce copy of order before S.S.P./S.P. within ten days; application stands disposed of.

Smt Maya Devi vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Smt Maya Devi is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 235 of 2023 (Sections 420, 467, 468, 471, 504, 507 I.P.C.), Police Station Meerganj, District Bareilly.

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Court's answer

Having regard to the submissions, the nature of accusations, the fact that breach of agreement will not give rise to institution of criminal proceedings, the applicant's name being duly recorded in the land records, the case being purely civil in nature, and the applicant being ready to cooperate in the pending investigation, the court opined — without commenting on merits — that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case crime till the submission of police report under Section 173(2) Cr.P.C., on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned, subject to the stated conditions (availability for interrogation; no inducement/threat/promise; no leaving India without permission and deposit of passport, if any).

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Key takeaways

The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months from production of a copy of the order, independently and without being prejudiced by any observation made by the Court; in default of conditions, the Investigating Officer may apply for cancellation of the anticipatory bail.obiter¶9

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. granted to the applicant arraigned in Case Crime No. 235 of 2023 (Sections 420, 467, 468, 471, 504, 507 I.P.C., P.S. Meerganj, District Bareilly). Dispute arose from non-execution of a sale deed despite a notarized agreement dated 04.07.2023 concerning plot nos. 572 and 574, Meerganj, Bareilly; the Court accepted that breach of agreement will not give rise to criminal proceedings, the case is purely civil in nature, the applicant's name is duly recorded in land records, and the applicant is ready to cooperate in the pending investigation. Bail confined till submission of police report under Section 173(2) Cr.P.C.: personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O., with standard conditions; Investigating Officer to conclude investigation preferably within three months uninfluenced by the Court's observations.

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4386 of 2024

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Applicant :- Smt Maya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

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This application under Section 438 of Cr.P.C has been filed seeking anticipatory bail in Case Crime No. 235 of 2023, under Sections 420, 467, 468, 471, 504, 507 I.P.C., Police Station Meerganj, District Bareilly.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A notarized agreement was executed on 04.07.2023 between the applicant, co-accused Nanhe Singh, Morkali, Anita Devi and the informant with regard to sale of parcel of land of plot nos.572 and 574 situated at Meerganj, Bareilly. Pursuant to the said agreement, certain amount was paid through cheques and cash to co-accused Nanhe Singh. Copy of the cheques are collectively annexed at page-46 of the paper book. Owing to certain dispute between the parties the sale deed could not be executed, pursuant thereto the instant first information report has been lodged. It is contended that breach of contract/agreement will not give rise to institution of criminal proceedings. The name of the applicant has been duly recorded in the land records. No dispute exists with regard to the chak road. The case is purely civil in nature. The appropriate remedy is to file a civil suit. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The co-accused Nanhe Singh is in jail. His role is clearly distinguishable from that of other co-accused. Criminal history of the applicant has been explained in paragraph no.25 of the bail application. It is next submitted that the investigation is pending against the applicant. The applicant is ready to cooperate in the investigation. The applicant has apprehension of her arrest in the above mentioned case.

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Learned A.G.A. has opposed the prayer for anticipatory bail but

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could not satisfactorily dispute the aforesaid submissions from the record.

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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 counsel for the applicant, considering the nature of accusations and the fact that breach of agreement will not give rise to institution of criminal proceedings. The name of the applicant has been duly recorded in the land records. The case is purely civil in nature. The investigation is pending and the applicant is ready to co-operate in the investigation. 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- Smt. Maya Devi 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 make 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 Police Commissioner 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 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

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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 :- 14.2.2025 Manish Kr

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

Smt Maya Devi v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Smt Maya Devi v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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