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2025 DAILYLAW 139072 (ALL)

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

NABAIL/419/2025 · 2025-05-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26669 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 419 of 2025 Applicant :- Shabana Begum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State- opposite party No.1. In view of order being passed, notice to opposite party No.2 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 498 of 2024 under Sections 419, 420, 467, 468, 471 IPC, P.S. Gangaghat, District Unnao. As per contents of first information report, the applicant is not named, the main gist of allegation levelled against Mohd. Javed brother of applicant who allegedly deceived the informant in investing the substantial amount of money on the false pretext of execution of sale deed of immovable property in favour of applicant. It is stated that subsequently the informant came to know that the sale deed executed in his favour was a fabricated document with impersonation of actual owner. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him only on account of the fact that she is sister of main accused. It is submitted that applicant is neither named in the F.I.R. nor has there any allegation being levelled against her. The applicant also does not have any previous criminal history. Learned A.G.A. has opposed bail application with the submission that although the applicant is not named in the F.I.R. but her name was subsequently introduced during course of investigation which is still ongoing in which the applicant is cooperating. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the applicant is neither named in the F.I.R. nor is there any allegation against her. Her name was subsequently introduced during course of investigation which is still ongoing. Admittedly, there is no previous criminal history of applicant. . Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Shabana Begum shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 7.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench