Asha Singh v. State of U.P. Thru. Secy. Home, Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2966 of 2023 Applicant :- Asha Singh Opposite Party :- State Of U.P. Thru. Secy. Home, Lucknow And Another Counsel for Applicant :- Sunil Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sunil Dixit, 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. 9 of 2015, under Sections 420, 467, 468, 471, 447, 120-B IPC, Police Station Alambagh, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2015 against eight persons, including the applicant, stating that the applicant got her name mutated in the records of the Nagar Nigam in respect of the house of her father-in-law, who was the informant's grandfather.

¶4In the affidavit filed in support of the application it has been stated that the applicant is innocent, and she has falsely been implicated in the present case. The applicant's involvement in another case has been disclosed in para 5 of the affidavit, in which she has been granted bail.

¶5Four co-accused persons have been granted bail in the present case.

¶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 keeping in view the fact that the dispute is regarding mutation of names in the revenue records of Nagar Nigam, which does not confer any title on any of the parties; that four other co-accused persons have already been granted bail and that the applicant is a woman 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 during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Asha Singh before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail during pendency of the trial 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, unless personal 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench