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2023 Supreme(All) 1515

IN THE HIGH COURT OF ALLAHABAD
SHEKHAR KUMAR YADAV, J.
Smt. Rajbala – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.11869 of 2023
Decided on : 23-11-2023

Advocates:
Advocate Appeared:
For the Appellant : Udai Chandani

The main legal point established in the judgment is the importance of personal liberty and the need for strong prima facie evidence to deny bail, as well as the guidelines for granting anticipatory bail.

Headnote:

Anticipatory Bail - Criminal Conspiracy - IPC 420, 120B, 467, 468 - The court discussed the legal provisions of forgery and cheating under IPC sections 420, 467, and 468, as well as the requirements for criminal conspiracy under section 120B. The court emphasized the importance of personal liberty and issued guidelines for granting anticipatory bail, highlighting that arrest should not be made routinely and must be guided by the necessity of custodial investigation or preventing the accused from tampering with evidence or influencing witnesses.

Fact of the Case:

The applicant, a senior citizen, sought anticipatory bail in a case involving allegations of forgery and cheating. The applicant claimed to be falsely implicated due to political rivalry and argued that there was no direct or indirect evidence against her.

Finding of the Court:

The court considered the criminal history of the applicant, emphasizing that bail is a rule and jail is an exception. It noted that the applicant had been acquitted in two cases and one case had been dropped, and there was no evidence to suggest that the applicant may tamper with evidence or intimidate witnesses.

Issues: The main issue was whether the applicant should be granted anticipatory bail considering the allegations of forgery and cheating against her.

Ratio Decidendi: The court held that the applicant should be enlarged on anticipatory bail, emphasizing the importance of personal liberty and the need for strong prima facie evidence to deny bail. It also highlighted the guidelines for granting anticipatory bail and the onerous responsibility of the courts to act judiciously with reasonableness.

Final Decision: The court directed the applicant to be released on anticipatory bail with specific conditions, including cooperation with the investigating officer, surrendering her passport, and remaining present before the trial court on specified dates.

JUDGMENT :

1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.0350 of 2022, under sections 420, 120B, 467, 468 IPC, P.S. Chhaprauli, District Baghpat, during the pendency of application.

3. As per the prosecution case as mentioned in the FIR lodged by the police that the police went to Village Nangal, P.S. Chhaprauli for investigation on the application given by one Mr Yognder Singh son of Bakhtawar and Yogendra Singh son of Malook Singh, residents of Village Nangal, P.S. Chhaprauli, District Baghpat, who were of the same village. It is alleged that the police informed to the applicant Yogendra Singh, about the application given by Yogendra Singh to higher authorities, then the applicant Yogendra Singh told that he does not have any information about the said complaint/application nor he had given any such complaint. It is further alleged that on thorough interrogation, the applicant Yogendra told that about 01 year ago, one Sharanveer son of Harkhayal, resident of his village, along with 04 other persons came to his house in a white Colored Scorpio car and the four persons along with him were from village Tikri, police station Doghat. The four said persons narrated him the involvement of applicant (Rajbala) in the Paramveer Tugana murder case and asked him to give an affidavit that at the time of Paramveer murder case that happened in Village Kurdi there was no woman present at the scene of incident as by giving such an affidavit, life of applicant (rajbala) will be saved from the said murder case and saying this all the four persons left his house. It is further alleged that to get this affidavit signed, after three days, the said Sharanveer son of Harkhyal took the applicant Yogendra along with another friend of his village namely, Yogendra son of Bakhtawar to Meerut in a vehicle and there got a blank paper signed. It is further alleged that after some time, it came to light that Sharanveer and others had given a fake affidavit in their name to higher authorities, regarding which neither he had any information nor know the contents of the letter and further the same was not written by them. It is further alleged that marriage of sister of Sharanveer son of Harkhayal, resident of his village, is solemnized in Village Tikri and she used to go at the house of applicant (Rajbala). It is therefore, alleged that the police after investigation found that the said letter was forged and signed fraudulently in which the role of Sharanveer son of Harkhayal, and four other unknown persons has been found suspicious and further an attempt has been made to influence the investigation of Case Crime No. 212 of 2020, under Sections 147/148/149/34/307/302/506/120B IPC, in which the applicant was accused, therefore the present case has been lodged under Sections 420/120B/467/468 IPC.

4. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to political rivalry. It is further submitted that applicant is a senior citizen lady aged about 72 years old and is suffering from various old age diseases. In the FIR, false allegation has been levelled against the applicant. The applicant is having definite apprehension that she may be arrested by the police any time.

5. Learned counsel for the applicant further submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect the applicant, prima facie, with the allegations levelled against her in the present FIR. It is also submitted that applicant though involved in various case but she has explained the criminal history according to which she is on bail and has not been convicted in any case. The applicant has been made accused merely on the basis of

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