Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19499 of 2021 Applicant :- Shambhu Nath Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved on behalf of the applicant Shambhu Nath Mishra seeking bail in Case No. 883 of 2016, under Sections 419, 420, 467, 468, 471 IPC P.S.
Cholapur, District Varanasi with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that the matter relates to civil dispute. A civil suit regarding the cancellation of sale deed is pending before the appellate court. The applicant is 73 years of age. The applicant has apprehension of being arrest, so the prayer for bail is made. In case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey the conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail and argued that the present accused has sold the same property twice and after dismissal his suit and passing the decree in favour of the complainant, this person has again sold the property in crores of rupees, therefore, such person is not entitled for bail.
A perusal of the complaint transpires that the present accused sold his land to the complainant in the year 1980 by a registered sale deed and after 12 years of the sale deed the applicant filed a suit for void declaration of sale deed wherein the complainant also filed a suit for injunction. The suit for injunction of complainant was decreed and the suit of the accused applicant was dismissed. Though against the said judgment, an appeal is said to have filed by the present applicant but as per the complaint the accused is said to have sold the property in question again for crores of rupees and the complainant is being threat to life as well.
After hearing the learned counsel for the applicant and learned A.G.A., and after perusing the averments made in the present anticipatory bail application as well as rejection order, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
Accordingly, the anticipatory bail application filed on behalf of the applicant is hereby rejected.
Order Date :- 17.12.2021 Gss