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2025 DAILYLAW 169495 (ALL)

SMT. GUDDI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/2690/2024 · 2025-09-15

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. - 2690 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application which is pending since 03.12.2024 and no request for adjournment has been made. Sri Angad Kumar Vishwakarma, the learned AGA is present. 2. Therefore, the Court proceeds to examine the records and pass appropriate orders. 3. On 06.12.2024, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release him on anticipatory bail in Case Crime No.363 of 2023, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Makhi, District Unnao. Contention of learned counsel for the applicants is that the applicants are innocent and they have been falsely implicated in the present case. He submits that the applicant no.1 is women and she is 65 years Versus Counsel for Applicant(s) : Girish Chandra Sinha Counsel for Opposite Party(s) : G.A. Smt. Guddi Devi And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) of age and she is co-operating with the investigation proceedings. He added that in the year 2013 a sale deed was executed by the applicants in favour of the informant and entry with respect to the land was made in the revenue records, and that was in fact very well in the knowledge of the informant but after passing of about ten years and even after selling out the property in question, instant F.I.R. has been lodged against the applicant. He further submits that the applicants are undertaking that they will co- operate with the investigating proceedings and they will remain present before the Investigating Officer as and when required. He further submits that the applicants have no previous criminal history and they are law abiding citizens and they have acute apprehension of being arrested by the police, as such, they may be granted anticipatory bail which they will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicants are named in the F.I.R. and there is sufficient proof that they have committed cheat and fraud, as such, they are not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicants Smt. Guddi Devi and Vikram Singh, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case ABAIL No. 2690 of 2024 2 so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the third week of January 2025. In the meantime, learned counsel for the State shall file the counter affidavit. " 4. The state has not filed any counter affidavit and, therefore, there is no material which may persuade this Court to take a view different from the view taken earlier. 5. In view of above, the interim order dated 06.12.2024 is made absolute and the anticipatory bail application is allowed in terms of the order dated 06.12.2024. September 15, 2025 Pradeep/- ABAIL No. 2690 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench