Neutral Citation No. - 2024:AHC-LKO:44490
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 1427 of 2024
Applicant :- Smt. Vijay Laxmi
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home
And Another
Counsel for Applicant :- Janardan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Vakalatnama filed today by Sri Faiz Ahamad Khan, Advocate
on behalf of the opposite party no. 2 is taken on record.
Heard learned counsel for the applicant, Sri Faiz Ahamad
Khan, learned counsel for the opposite party no. 2, Sri Nirmal
Kumar Pandey, learned AGA appearing for the State and
perused the material placed on record.
The instant application has been filed with a prayer to enlarge
the applicant/accused on anticipatory bail in the interest of
justice, in FIR/Case Crime No. 143 of 2024, u/S 419, 420, 467,
468, 471 I.P.C. relating to the Police Station -Tarabganj District
-Gonda.
The learned counsel for the applicant submits that the applicant
is innocent and has falsely been implicated in the instant matter.
He next added that father of the opposite party no. 2 had
executed gift deed in favour of the husband of the daughter-in-
law and the present applicant has not committed any fraud and
cheat. It appears that the present dispute is of purely civil
nature and if the opposite party has any grievance then he can
approach to the court of civil competence. He submits that
there is no previous criminal antecedent of the applicant and she
also undertakes that she will not misuse the liberty of
anticipatory bail and also cooperate in the investigation.
Therefore submission is that the applicant may be granted.
On the other hand learned counsel for the State and learned
counsel for the opposite party no. 2 has opposed the contentions
aforesaid and submitted that there are evidence against the
applicant and as such the applicant is involved in the present
crime and, therefore, she is not entitled for any relief, at this
stage.
Considering the submission of learned counsel for the parties
and after perusal of the material placed on record, it transpires
that the dispute is of purely civil nature and the present
applicant is not involved in the present crime as the gift deed
was only executed in her favour. Further there is no criminal
history against the applicant and she undertakes that she will
cooperate in the investigation as well as in the trial, reslutantly,
the applicant is entitled for anticipatory bail.
In view of the above, the anticipatory bail application of the
applicant is allowed.
Let the accused-applicant- Smt. Vijay Laxmi be released
forthwith in the aforesaid case crime (supra) on anticipatory
bail till the conclusion of trial on furnishing a personal bond
and two sureties each in the like amount to the satisfaction of
the court concerned with the following conditions:-
(i). that the applicant shall make herself available for
interrogation by a police officer as and when required;
(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 leave India without the previous
permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall
not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the
prosecution witness;
(vi). that the applicant shall appear before the trial court on each
date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the
court concerned shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are
exclusively for deciding the instant anticipatory bail application
and shall not affect the trial.
Order Date :- 28.6.2024
Anuj Singh
Digitally signed by :-
ANUJ PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench