Smt. Akbari Begum Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Smt. Akbari Begum Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: in the event of arrest, Smt. Akbari Begum to be released on anticipatory bail during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, with conditions of attendance on dates fixed, non-dissuasion of persons acquainted with the facts, and no departure from India without previous permission (passport, if any, to be deposited); default of any condition leaves the court concerned at liberty to take appropriate enforcing action. Application stands disposed of.

Issue for consideration

Whether the applicant, Smt. Akbari Begum, facing prosecution in Case Crime No. 708 of 2022 under Sections 420, 467, 468, 471 I.P.C., Police Station Amroha Nagar, District Amroha, is entitled to anticipatory bail during the pendency of trial.

Court's answer

Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the antecedents of the applicant, the fact that the alleged sale deeds were executed by the co-accused Samad and Nasir in 1993 while the First information report was lodged in 2022, the purely civil nature of the case, the absence of substantive evidence against the applicant at this stage, the filing of the charge-sheet, the applicant's cooperation in the investigation, and that no custodial interrogation is required, the court — without commenting on the merits of the case — opined that the applicant is entitled to be enlarged on anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant Smt. Akbari Begum, involved in the aforesaid case crime, is to be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions that (i) she makes herself available on each date fixed by the court concerned, (ii) she does not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure of such facts to the Court, and (iii) she does not leave India without the previous permission of the Court, and deposits her passport (if any) before the concerned court.

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J., Order Date 9.4.2025; Neutral Citation 2025:AHC:51910): Anticipatory bail application under S. 438 Cr.P.C. (Case No. 857 of 2025) of Smt. Akbari Begum in Case Crime No. 708 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Amroha Nagar, District Amroha, allowed during pendency of trial. Grounds: alleged sale deeds executed by co-accused Samad and Nasir in 1993 against an FIR lodged in 2022; case deemed purely civil in nature; no substantive evidence against the applicant at that stage; charge-sheet already filed; applicant had cooperated in investigation and no custodial interrogation deemed required; applicant a lady without criminal antecedents. Without commenting on merits, the applicant declared entitled to be enlarged on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (availability on dates fixed; no inducement, threat or promise to dissuade disclosure; no leaving India without previous permission, passport if any to be deposited). Learned A.G.A.'s opposition could not be satisfactorily disputed from the record. Application stands disposed of.