The Supreme Court granted interim protection from arrest to the petitioner in connection with an FIR registered at Kotwali Nagar Police Station, Gonda. The bench comprising Chief Justice Surya Kant, Justice Ujjal Bhuyan, and Justice Nongmeikapam Kotiswar Singh noted the State’s submission that no incriminating material has been found against her so far, and accordingly directed that her arrest shall remain stayed, subject to her full cooperation with the investigation.
The case arose from an FIR, which alleged that a forged and fabricated sale deed was executed on August 20, 1971, the mutation of which was rejected later. The applicant, being the mother-in-law of the main accused, was also involved in the fabrication of multiple sale deeds as part of an alleged gang operation. The applicant moved an anticipatory bail application before the Allahabad High Court, Lucknow Bench, asserting false implication and arguing that the dispute was essentially civil in nature.
The High Court initially granted her interim protection, directing her to cooperate with the investigation. However, the prosecution later informed the Court, supported by a written report from the Investigating Officer, that the applicant had not cooperated with the investigation. The High Court noted that despite repeated directions, the applicant failed to appear before the Investigating Officer as required, and appeared only after the due date, claiming illness. Observing that she had misused the interim protection and had not complied with conditions imposed by the Court, the High Court rejected the anticipatory bail application while granting her liberty to seek regular bail. This has prompted her to approach the Supreme Court.
The Supreme Court, noting the State’s submission that no incriminating material has been found against her so far, has granted anticipatory bail to her.
The Court was also informed that another anticipatory bail application pending before the Allahabad High Court had remained undecided for nearly a year. Taking into account her age and attendant circumstances, the bench extended interim protection in that case as well, clarifying that the stay on arrest will continue until the High Court adjudicates the bail application on merit.
The Supreme Court clarified that the interim protection granted in both FIRs would not affect the merits of the investigations or the bail adjudication.
Appearances
Petitioner- Mr. Amit Sangwan, Adv. Mr.Divyesh Pratap Singh, AOR Ms. Savita Devi, Adv. Ms. Shivangi Singh, Adv. Mr. Bharat Mishra, Adv. Ms. Tiwari Prashantipriya Awadesh, Adv.
Respondents- Mr. Namit Saxena, AOR Mr. Ghanshyam Singh, Adv. Mr. Abhishek Singh, Adv. Ms. Sonali Jain, Adv. Mr. Anirudh Singh, Adv. Ms. Gargie Boss, Adv. Mr. Achintya Tiwari, AOR Ms. Saloni Sharan, Adv. Mr. C. Solomon, Adv.
