Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 412 of 2025 Applicant :- Smt. Sushila Devi @ Sushila Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pradyumn Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.439 of 2023 under Sections 419, 420 I.P.C., P.S. Hasanganj, District Unnao. 4. As per contents of complaint filed under Section 156(3) Cr.P.C., applicant is allegedly vendee of sale deed executed on 19.11.2011. As per allegations, informant is the owner of aforesaid property and a fabricated sale deed has been executed by a person who was neither owner nor was authorised to sell the property. It is submitted that cognizance has been taken of application and it is now being treated as a complaint case. It is submitted that applicant is only the vendee and main gist of allegation has been levelled against one Ram Khelawan and Ashok Kumar of having fabricated the sale deed. Applicant reportedly does not have any previous criminal history. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that application under Section 156(3) Cr.P.C. clearly indicates applicant being a co-accused with regard to fabrication of sale deed of the plot in question. It is however, admitted that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being led in trial, it appears that the complaint has been treated as a Complaint Case with summons having been issued but it does not appear that any warrant has been issued to enforce presence of applicant. The applicant is undertaking to cooperate during course of trial. It appears that main gist of allegations have been levelled against persons other than applicant of having fabricated sale deeds. Applicant admittedly does not have any previous criminal history. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 7. In view of the above, it is provided that in the event of arrest, the applicant Smt. Sushila Devi @ Sushila Devi shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 8. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 9. The application stands disposed of. Order Date :- 17.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench