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2025 DAILYLAW 22053 (ALL)

SMT. YOJNA SINGH AND ANOTHER v. STATE OF U.P.

NABAIL/1642/2025 · 2025-05-07

Vivek Varma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:75056 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1642 of 2025 Applicant :- Smt. Yojna Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, learned A.G.A. for the State- opposite party and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 387 of 2024, under Sections - 406, 420, 467, 468, 471 I.P.C., Police Station - Sector 113, District -Gautam Budh Nagar. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. Applicant no.1 is the bonafide purchaser of the property in dispute. The sale consideration was duly paid by applicant no.1 to co-accused Vineet Sharma. Applicant no.2 is the marginal witness of the alleged sale-deed dated 28.6.2024. Applicant no.1 herself is the victim of fraud. No amount has been credited in the account of applicant no.2. Case of the applicants is clearly distinguishable from that of co-accused Vineet Sharma. Criminal history of the applicants has been explained in para no.3 of the second supplementary affidavit. At this stage there is no credible evidence to link the applicants with the offence. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and the fact that applicant no.1 is the bonafide purchaser of the property in dispute, the sale consideration was duly paid by applicant no.1 to co-accused Vineet Sharma, applicant no.2 is the marginal witness of the alleged sale-deed dated 28.6.2024, no amount has been credited in the account of applicant no.2, at this stage there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Smt. Yojna Singh and Yadvender Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, before the S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 11. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 8.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad