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2025 DAILYLAW 165708 (ALL)

SMT. KAMLESH KUMARI @ MITHLESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

ABAIL/1048/2025 · 2025-09-18

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. - 1048 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Uday Bhan Pandey, the learned counsel for the applicant as well as Smt. Kamlesh Kumari, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.303 of 2008, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Nawabganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.09.2008 in furtherance of an application under Section 156(3) Cr.P.C. stating that a litigation regarding property dispute is pending in the Consolidation Court and the applicant started claiming title to the property on the basis of a forged sale deed dated 15.09.1997 and she got a mutation order passed in her favour on 10.12.2004. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent woman, she has no criminal history and she has falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that an appeal is pending before the Consolidation Officer. 6. The learned A.G.A. has opposed the prayer for bail and she has submitted that the allegations have been established during investigation and a charge Versus Counsel for Applicant(s) : Udai Bhan Pandey Counsel for Opposite Party(s) : G.A. Smt. Kamlesh Kumari @ Mithlesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) sheet has been submitted way back on 01.10.2011. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that an appeal regarding the dispute is already pending before the Consolidation Officer; that the applicant is a woman having no criminal history and she was not arrested during investigation which has been concluded way back in the year 2011 and without making any observations which may affect the outcome of the case, 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-Smt. Kamlesh Kumari @ Mithlesh Singh before the learned Trial Court in the aforesaid case crime, she shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./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 himself 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 18, 2025 Ram. ABAIL No. 1048 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench