Santra Devi v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2988 of 2023 Applicant :- Santra Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Shitla Prasad Tripathi,Shiv Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shiv Lal Yadav, the learned counsel for the applicant as well as Smt. Anupriya Jaiswal, the learned counsel 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.806 of 2023, under Sections 419/420/467/468/471/506 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 11.09.2023 stating that the applicant and her son co-accused Anand Kumar had executed a sale deed in favour of one Hanumant Lal on 30.07.2019, who in turn sold the land to the informant on 14.07.2922. Subsequently, on

18.10.2022 the applicant and her son executed another sale deed in respect of the land which had already been sold by them through the sale deed dated 30.07.2019.

¶4The applicant and her son had filed a suit for cancellation of the sale deed on the ground that the complete sale consideration has not been paid to them but subsequent sale deed was executed by them without cancellation of sale deed.

¶5Having considered the aforesaid facts and circumstances of the case, the applicant is not entitled to be granted pre-arrest bail. The anticipatory bail application of the applicant is rejected without prejudice to her rights to avail other remedy, which shall be considered and decided by the court concerned on its merits without being influenced by any observations made in this order. . (Subhash Vidyarthi, J.) Order Date :- 20.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench