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2025 DAILYLAW 130468 (ALL)

SMT. CHITRA LEKHA SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. U.P. AND ANOTHER

ABAIL/348/2025 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 348 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application which is pending since 24.03.2025 and no request for adjournment has been made. Sri Satyendra Kumar Srivastava, the learned AGA for the State is present. 2. Therefore, the Court proceeds to examine the records and pass appropriate orders. 3. On 02.04.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order:- "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. Issue notice to opposite party no.2. 3. First bail application has been filed with regard to Case Crime No.54 of 2022 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Wazirganj, District Lucknow. 4. As per contents of first information report, one Azaz and Awadhesh were instrumental in Versus Counsel for Applicant(s) : Kailash Nath, Yogendra Kumar Pandey Counsel for Opposite Party(s) : G.A., Ashish Tripathi Smt. Chitra Lekha Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. And Another .....Opposite Party(s) registration of a forged sale deed pertaining to house of informant. Aforesaid persons are said to have subsequently executed a sale deed in favour of applicant. 5. It has been submitted that applicant has been falsely implicated in the charges levelled against her and in fact is a subsequent purchaser of property in question after duly ascertaining rights of vendors. It is submitted that a perusal of F.I.R. will clearly indicate that there is no allegation of any forgery against applicant who also does not have any previous criminal history. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute fact that applicant is a subsequent purchaser of property. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it appears that applicant is only subsequent purchaser and primary allegation of forgery has been indicated against the said Azaz Ahmad and Awadhesh. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to applicant under Section 438 Cr.P.C./482 BNSS 8. List this case on 21.04.2024 in the top ten cases along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Smt. Chitra Lekha Singh shall be released on bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- ABAIL No. 348 of 2025 2 11. The applicant shall cooperate in the investigation and she 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. 12. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." 4. The office has reported that notice issued to the opposite party no. 2 has been served personally but the opposite party no. 2 has not filed any counter affidavit. 5. The State has filed a counter affidavit opposing the anticipatory bail application, annexing therewith copies of the material collected during investigation and a copy of the charge sheet dated 31.01.2025 but he did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 02.04.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Pradeep/- ABAIL No. 348 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench