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2025 DAILYLAW 134885 (ALL)

MEHARUNNISHA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

ABAIL/424/2025 · 2025-04-21

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22248 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 424 of 2025 Applicant :- Meharunnisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Meva Lal Yadav,Harshita Gupta,Saddam Khan 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 State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 592 of 2022 under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali Bhinga, District Shrawasti. 3. As per contents of First Information Report, one Badkai was instrumental in getting her name mutated with regard to plot in question which allegedly belongs to informant. It is stated that mutation effected in favour of said Badkai vide order dated 05.02.2019 was challenged by informant and was cancelled vide order dated 18.11.2019 and name of informant was thereafter entered into revenue records. Applicant is vendee of subsequent sale deed dated 12.04.2022 executed by said Badkai. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against her and that a bare perusal of the allegations levelled in the FIR clearly indicate a civil dispute being given criminal colour. It is submitted that there is no allegation that applicant being vendee had any role in mutation proceedings or fabrication of any document. 5. Learned AGA has opposed anticipatory bail application with the submission that charge-sheet in the matter has already been filed and allegations levelled in the FIR clearly indicate imputation of sections levelled against applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant is only the vendee of sale deed dated 12.04.2022. There does not appear to be any allegation upon applicant of having any role in mutation or fabrication of any document. 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 Meharunnisha 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. 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 :- 21.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench