High Court
Case Details
Neutral Citation No. - 2025:AHC:88574 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10921 of 2024 Applicant :- Satana Devi @ Satyawati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- Abhay Raj,G.A. Hon'ble Vivek Varma,J.
Legal Reasoning
1. At the outset, Sri P.K.Tripathi, learned A.G.A submits that after investigation charge sheet has been submitted against the applicants on 13.02.2025 and the applicants have been summoned by the concerned Court. 2. Heard Sri Sushil Kumar Dubey, counsel for the applicant, Sri Abhay Raj, counsel for opposite party no. 2, Sri P.K.Tripathi, learned AGA for the State and perused the material on record. 3. The applicants were granted interim anticipatory bail vide order dated 17.12.2024 by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicants and learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.31 of 2024, under Sections 420, 467, 468, 469, 218, 120-B I.P.C., P.S. Lavedi, District Etawah. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. On perusal of contents of F.I.R., no offence is made out against the applicant. Prima facie F.I.R. discloses that the dispute is in civil nature. The investigation is going on and the applicants would co-operate with the investigation. It is next submitted that instant case is squarely covered under section 438 Cr.P.C. The applicants have no criminal history to their credit. In case, the applicants are released on bail, they would not misuse the liberty of bail and would co- operate with the investigation. Applicants have definite apprehension of thier arrest by the police. 4.Issue notice to respondent no.2. 5. Respondents are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter. 6. List this case immediately after expiry of the aforesaid period. 7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case. In the event of arrest, the applicants shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by the 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 passport, the same shall be deposited by them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurized/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted. 8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants." 4. Counsel for the applicants submits that pursuant to order dated 17.12.2024 applicant furnished bail bonds before the Station House Officer (S.H.O.) concerned. The applicants have not violated the conditions of interim anticipatory bail. Further, the dispute between the parties is purely civil in nature. The applicants have not forged or manipulated any documents. Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the dispute between the parties is purely civil in nature, at this stage, there is no substantive evidence against the applicants, charge-sheet has been filed, the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Satana Devi @ Satyawati, Kripa Shankar @ Kirapal Singh and Kadhori Lal, 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 applicants shall make herself available on each date fixed in the matter by the court concerned; (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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
Decision
9. The application stands disposed of. Order Date :- 23.5.2025 PS Digitally signed by :- Digitally signed by :- POOJA SHARMA POOJA SHARMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad