Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10028 of 2021 Applicant :- Shashi Prabha Dubey And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaushal Kishore Mani Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicants Shashi Prabha Dubey, Krishna Mohan Dubey, Urmila, Vishwambhar Dubey, Prashant Malviya, Dinesh Malviya and Kalindi, in Case Crime No. 1330 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C., P.S.-Cantt. District Gorakhpur.
F.I.R. version is that a declaratory suit was filed in respect of plot no. 121 and 130 before the revenue Court in which by filing a fake vakalatnama and compromise by obtaining signature of some unknown persons, got the suit compromised by the accused persons and the suit was decreed on 04.07.1993 and that day was Sunday and that there was no Lok Adalat on that day, which also shows that it was forged judgement.
Submission of the learned counsel for the applicant is that the informant side gave an application for restoration of the suit and the Judgement and decree was set aside, restoring the suit to its original number. Against that order, he filed a petition before the Board of Revenue and the restoration order was stayed, copy of which is annexed at page no.94 of the paper book. Therefore it has been argued that the matter pertains to civil dispute and the police is threatening to arrest the applicants pursuant to the F.I.R. therefore it has been submitted that in view of the aforesaid facts, prima facie case for anticipatory bail is made out as the police is inclined to make arrest of the applicants. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and conceded that the cases pertains to dispute with regard to the land which relates to the Judgement and decree passed in the year 1993, wherein the restoration order has been stayed by the Board of Revenue.
In view of the above, considering the entire facts and circumstance of the case and also taking into consideration that the matter pertains to civil dispute, and till filing of charge sheet prima facie case for anticipatory bail is made out, therefore, I find it to be a fit case in which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed.
In the event of arrest of the applicant Shashi Prabha Dubey, Krishna Mohan Dubey, Urmila, Vishwambhar Dubey, Prashant Malviya, Dinesh Malviya and Kalindi, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3) The applicants shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
5. In case of filing of charge-sheet the applicants shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Order Date :- 29.7.2021 S.Ali