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2025 DAILYLAW 155156 (ALL)

SMT. SHASHI PRABHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/988/2025 · 2025-08-20

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48753 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 988 of 2025 Applicant :- Smt. Shashi Prabha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Siddhartha Sinha,Arun Sinha,Lalji Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in Crime No./FIR No.259/2024, U/s- 329(3) (old 447 IPC), 303(2) (old 379 IPC), 111 & 112 BNS, PS- Kunda, Dist-Pratapgarh. Heard learned counsel for the applicant as well as learned AGA for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. In the FIR, it has been alleged that the applicant, along with the co-accused, encroached upon the attached mango orchard, which was under the custody of the Sub-Divisional Magistrate, Kunda, and illegally occupied it for their benefit by indulging in organized crime.The mango harvest of the attached land is being sold by them. This fact was enquired into by the Station House Officer, Kunda, who reported the matter to the Sub- Divisional Magistrate, Kunda, pursuant to which the FIR was lodged on the directions of the Sub-Divisional Magistrate, Kunda. Learned counsel for the applicant submits that no offence under Section 111 BNS is made out against her. It is argued that no charge sheet has been filed against her in more than one case. The report was submitted by Area Lekhpal, Girish Dhar Dubey, whereas the application was given by another Lekhpal, Vinay Kumar Singh, which clearly indicates that the FIR has been lodged due to political rivalry. It is further contended that the applicant is a 65-year-old lady suffering from various ailments. Learned AGA has opposed the anticipatory bail application. As per the admitted case of the applicant in para 27 of the bail application as many as eight case has been registered against the applicant and her sons. Against the applicant alone, six FIRs have been lodged. In four of those cases, charge sheet has been forwarded. It is an organized crime committed on the land which is attached by the government. Illegally the property have been acquired on the basis of such offence. This is corroborated by the statement of Ram Pyare who is father of Shiv Kumar. A perusal of the statement of Ram Pyare, as pointed out by the learned AGA, shows that the FIR has been lodged on the instructions of the Sub-Divisional Magistrate, Kunda, on the basis of the report of the concerned Station House Officer. The informant in the case is the government servant/Lekhpal of the concerned area. Prima facie, there appears to be no ground to infer false implication or mala fide intent to injure the reputation of the applicant. In view of the above, no case for anticipatory bail is made out. Accordingly, the anticipatory bail application stands dismissed. Order Date :- 20.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench