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2025 DAILYLAW 81437 (ALL)

SMT RAM SHREE v. STATE OF U.P. AND ANOTHER

NABAIL/6347/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140793 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6347 of 2025 Applicant :- Smt Ram Shree Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 304 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station Rahra, District Amroha. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the informant belong to the same family. A property dispute between the parties has been given colour of a criminal case. Earlier the applicant instituted a civil suit, being Civil Suit No. 185 of 2022, Smt. Ramshree v. Subhash Singh and others, in the Court of the Civil Judge (Senior Division) at Amroha for restraining the informant and other private parties (defendants therein) from interfering with his possession and also for the cancellation of the sale-deed dated 06.01.2020. In the said suit the informant is defendant no. 4. The said suit has been decreed exparte in favour of the applicant. In order to harass the applicant the present prosecution has been instituted. The applicant has not forged or manipulated any documents. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that a property dispute exists between the parties; earlier the applicant instituted a civil suit, being Civil Suit No. 185 of 2022, Smt. Ramshree v. Subhash Singh and others, in the Court of the Civil Judge (Senior Division) at Amroha for restraining the informant and other private parties (defendants therein) from interfering with his possession and also for the cancellation of the sale-deed dated 06.01.2020, in the said suit the informant is defendant no. 4 and the said suit has been decreed exparte in favour of the applicant; at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; the applicant had cooperated in the investigation; and, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Smt. Ram Shree, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make herself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 18.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad