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2025 DAILYLAW 164283 (ALL)

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

ABAIL/1015/2025 · 2025-09-17

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. - 1015 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dinesh Kr. Chaudhary,, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in a Complaint Case No. 673 of 2015, under Sections 419, 420, 467, 468, 471, 149, 323, 504, 506 I.P.C., registered at Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of a complaint lodged by the opposite party no.2 on 31.05.2025, stating that the applicant had wrongly projected herself as the wife of the complainant's father and executed a sale deed in respect of the property left by the complainant's father. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent woman having no criminal history and she has been falsely implicated in the present case. 5. The learned counsel for the applicant has submitted that Devaki Nandan Chaturvedi had executed a Will in favour of the complainant in the year 2014 and the complaint does not make a mention of the pending suit. Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary, Israr Siddiqui Counsel for Opposite Party(s) : G.A. Gudiya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. The learned A.G.A. has opposed the anticipatory bail application but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a suit for cancellation of Will, on the basis of which the applicant is claiming right in respect of property, had already been filed prior to lodging of the complaint, which fact has been concealed in the complaint and that the applicant is woman having no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Gudiya before the learned Trial Court in the aforesaid case, she shall be released on bail on his furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 17, 2025 Preeti ABAIL No. 1015 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench