Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202387 (ALL)

VIDYA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

NABAIL/1543/2025 · 2025-10-17

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1543 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.392 of 2024 under Sections 420, 467, 468, 471, 120-B IPC, Police Station Mankapur, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the present FIR has been lodged on the basis of an application under Section 156(3) Cr.P.C. It is submitted that the applicant is a lady, she has not been named in the FIR, and there is no specific allegation against her in the FIR made by the complainant. The applicant is a bonafide seller of the land in question, and her name is recorded in the revenue records. It is submitted that the land was originally leased in favour of her father-in- law and recorded in the revenue records. As his successor, the applicant sold the land to Reepal. After the death of Reepal, the said land was transferred in favour of Ferai, Sant Kumar, Bhanumati, and Bhulai, who in turn sold it to Shanti Devi and Alimun Nisha. Subsequently, the land was sold to Lali, and after her death, it was inherited by her brothers. Therefore, the land was legitimately sold by the applicant while her name was recorded in the revenue records, making her a bonafide seller. Versus Counsel for Applicant(s) : Sharad Nandan Ojha, Adesh Kumar Yadav, Akhand Pratap Singh Counsel for Opposite Party(s) : G.A. Vidya Devi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) Learned counsel further submits that the present case is a false implication, and the dispute is purely civil in nature. A proceeding under Section 210 of the U.P. Revenue Code is pending adjudication, wherein the applicant is a party. The applicant has no criminal antecedents. Learned A.G.A has opposed the anticipatory bail application of the applicant. Perused the record. On due consideration of the facts that, prima facie, the dispute appears to be civil in nature; the applicant is a lady; she has no criminal antecedents; the investigation is still in progress; and keeping in view the undertaking furnished on her behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to her cooperation in the ongoing investigation. In view of the above, it is provided that in the event of arrest, the applicant Vidya Devi shall be released on anticipatory bail in the aforesaid Case Crime number on her 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:- The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 17, 2025 Madhu D.R/P.S NABAIL No. 1543 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench