Rekha Shukla and Another v. State of U.P. Thru. Addl. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2946 of 2023 Applicant :- Rekha Shukla And Another Opposite Party :- State Of U.P. Thru. Addl. Secy. Home Lko. Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Alok Kumar Misra, the learned counsel for the applicants as well as Ms. Anupriya Jaiswal, learned A.G.A. appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 214 of 2023, under Sections 419, 420, 467, 468, 471, 323, 504 I.P.C., registered at Police Station Kotwali Nagar, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on

10.03.2023 against six persons, including the applicants, stating that the applicants had sold away some land of the informant's deceased husband, falsely claiming themselves to be the wife and son of the informant's husband respectively.

¶4In the affidavit filed in support of the anticipatory bail application it has been contended that the applicants are innocent, they have falsely been implicated in the present case and they have no criminal history.

¶5The informant has given an affidavit to the Superintendent of Police stating that her husband had married the applicant no. 1 and was living with her and the informant used to reside at her father's house. A settlement had taken place regarding her husband's property and she has already received the value of her share and she has resiled from the allegations levelling in the F.I.R.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and 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 applicants.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Rekha Shukla and Abhishek Kumar Shukla before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;

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

(iii). That the applicants shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 19.12.2023/Preeti. High Court of Judicature at Allahabad, Lucknow Bench