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2025 DAILYLAW 124064 (ALL)

WIDOW USHA MISHRA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND ANOTHER

ABAIL/408/2025 · 2025-04-17

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21511 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 408 of 2025 Applicant :- Widow Usha Mishra Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And Another Counsel for Applicant :- Dileep Kumar Pathak,Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State and opposite party no.2 in person. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.343 of 2015 under Sections 419, 420, 467, 468, 471, 120-B, I.P.C., P.S. Kotwali Nagar, District Gonda. 3. As per contents of F.I.R., applicant reportedly was instrumental in fabrication of a sale deed of year 1985 pertaining to Gata no.433 which allegedly belongs to opposite party no.2. Allegations levelled against applicant is that she is a gang member of one Brijesh Kumar Awasthi and there are various cases lodged against aforesaid persons with regard to fabrication of sale deeds. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against her which is evident from the fact that sale deed allegedly fabricated is of year 1969 in which mutation was also effected in year 2014. It is submitted that the main gist of allegations is against Brijesh Kumar Awasthi and not the applicant who was only the vendee of aforesaid property. It is submitted that various cases were lodged against applicant in which she has either been granted regular bail or anticipatory bail. 5. Learned Additional Government Advocate as well as opposite party no.2 in person have opposed the anticipatory bail application with submission that applicant is a gang member led by Brijesh Kumar Awasthi and there are various instances in which F.I.R. has been lodged against applicant who is in fact mother-in-law of said Brijesh Kumar Awasthi and conjointly along with him is in business of fabricating sale deeds. It is also submitted that there is previous criminal history of applicant. 6. Considering the submissions advanced and upon perusal of material on record, in the facts and circumstances and looking into nature of allegations levelled against applicant, this Court does not find any good ground to grant indulgence. However, applicant shall have liberty to apply for regular bail before the trial court. 7. Anticipatory Bail Application is disposed of finally subject to the observations made herein above. Order Date :- 17.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench