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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7997 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Ms. Mandvi Tripathi, learned counsel for the applicant, Sri C.P. Singh, learned counsel for the first informant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 1105 of 2021 under Sections 420, 467, 468, 471, 120-B IPC, Police Station Loni Border, District Ghaziabad with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case as she is an illiterate lady and her thumb impressions were obtained on the alleged gift deed. It is further submitted that actual beneficiary of the gift deed Vishal Baghel has already been granted bail by Co-ordinate Bench of this Court vide order dated 09.5.2025 passed in Crl. Misc. Bail Application No. 8358 of 2025. It is further submitted that one witness of the said gift deed namely Pal Ravi has also been granted anticipatory bail vide order dated 24.2.2025 passed in Crl. Misc. Anticipatory Bail Application No.411 of
2025. It is also submitted that applicant has no criminal history to her credit. It was also submitted that applicant undertakes to co-operate during trial and she would appear as and when required by the investigating agency or Court. It has been stated that in case the applicant Versus Counsel for Applicant(s) : Mandvi Tripathi, Santosh Tripathi Counsel for Opposite Party(s) : Chandra Pal Singh, G.A. Pal Anguri Ben .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
is granted anticipatory bail, she shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned counsel for the first informant opposed the prayer for anticipatory bail and submits that the applicant fraudulently executed the gift deed in favour of her son. He submits that investigation is still under progress and chargesheet is yet to be submitted in this case. 5. Learned AGA has also opposed the prayer for grant of anticipatory bail and submitted that allegations against the applicant are serious in nature. 6.
I have considered the rival submissions made by learned counsel for the parties. 7. As per the FIR, the allegations against the applicant is that she executed the gift deed in favour of her son Vishal Baghel of the property belonging to the first informant. Vishal Baghel has already been granted bail by Co- ordinate Bench of this Court vide order dated 09.5.2025 passed in Crl. Misc. Bail Application No. 8358 of 2025. One witness of the said gift deed namely Pal Ravi has also been granted anticipatory bail vide order dated 24.2.2025 passed in Crl. Misc. Anticipatory Bail Application No.411 of 2025. The first informant has not filed any suit for cancellation of the gift deed in question. The applicant has clean antecedents. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. NABAIL No. 7997 of 2025 2
10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant Pal Anguri Ben involved in the aforesaid case crime, she shall be released on anticipatory bail till submission of police report under section 193 (3) BNSS on her furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that she would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 10, 2025 Madhurima NABAIL No. 7997 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad