Pooja and 2 Others v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2964 of 2023 Applicant :- Pooja And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Dharmendra Kumar Misra,Swatantra Dev Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dharmendra Kumar Misra, the learned counsel for the applicants 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 applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 0355 of 20221, under Sections 419, 420, 467, 468, 471 IPC, Police Station Safipur, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.09.2021 against nine persons, including the applicants, by the applicant's mother, alleging that the applicants had wrongfully sold some land of the informant's deceased husband. The applicants claimed to have inherited the land after death of their father and their case is that the informant had entered into a second marriage subsequent to death of their father. The informant died after lodging the F.I.R.

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

¶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 between the parties was regarding inheritance and the informant, who was the mother of the applicants, has already died and the applicants are women having no criminal history 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 during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants- (i) Pooja, (ii) Seema & (iii) Sarojani before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail during pendency of the trial on their 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. Order Date :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench