Khushi Arya v. State of U.P Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2732 of 2023 Applicant :- Khushi Arya Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ram Mohan Mishra,Jay Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ram Mohan Mishra, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.209 of 2023, under Sections 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.03.2023 against six persons, including the applicant, alleging that some imposter had executed two sale deeds in respect of the informant's land; one of which has been executed in favour of the applicant.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is a 22 years old women having no criminal history and she has falsely been implicated in the present case.

¶5A copy of the sale deed executed in favour of the applicant has been annexed with the affidavit, which mentions payment of sale consideration through banking channel.

¶6Learned counsel for the applicant has submitted that the applicant is rather a bonafide purchaser for value and she is, in fact, victim of the offence committed by the executant of the sale deed.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Khushi Arya before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unlesspersonal presence is exempted;

(ii). That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 29.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench