Unfortunate That Allahabad High Court Illogically Refused Anticipatory Bail To 71 Years Old Woman: Supreme Court While Staying Arrest

The Supreme Court, while staying the arrest of a 71 years old woman, expressed that it was quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to a 71 years old woman, when she was neither the seller nor the purchaser nor a witness nor the beneficiary of the sale deed in question.

The Supreme Court also issued bailable warrants against the complainant, an Advocate, who was evading service of notice of appeal pending before the Apex Court.

The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N. Kotiswar Singh observed, “It is quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to the petitioner who is a 71 years old woman, and when she is neither seller nor purchaser nor a witness or the beneficiary of the sale deed dated 21.08.1971. The casual manner in which the impugned order has been passed warrants introspection. We will not say more than this at this stage.”

Advocate Amit Sangwan represented the Petitioner.

Case Brief

An SLP has been filed as the High Court of Allahabad dismissed the anticipatory bail of the Petitioner. An FIR was lodged against the Petitioner under Sections 419, 420, 467, 468 and 471 of the IPC by the Complainant Advocate. It was contended that the FIR was filed with a delay of three years and the woman was falsely implicated in a case of forgery of a sale deed.

It was also submitted that another co-accused persons has already been granted anticipatory bail by the High Court and there was no evidence, much less incriminating evidence against the woman.

The High Court rejected the anticipatory bail application and observed, “It is evident that applicant is misusing the interim anticipatory which has been granted to her.”

Court’s Observation

At the outset, the Supreme Court issued bailable warrants against an Advocate, the complainant in the alleged case of forgery, as he was evading service of notice of appeal pending before the Apex court.

“In case respondent No.2 shows any reluctance in accepting notice, it is made clear that his presence will be secured through non-bailable warrants”, the Bench ordered.

With regard to the rejection of anticipatory bail application of the woman, the Supreme Court expressed that it is quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to the petitioner who is a 71 years old woman.

The Court also underscored that the woman was neither seller nor purchaser nor a witness or the beneficiary of the sale deed.

“The casual manner in which the impugned order has been passed warrants introspection. We will not say more than this at this stage”, the Court said.

Accordingly, the Court directed that the arrest of the woman shall remain stayed.

Cause Title: Usha Mishra V. State of U.P & Anr.

Appearance:

Petitioner: Advocates Amit Sangwan, Divyesh Pratap Singh(AOR), Shivangi Singh, Ashu Bhindwar, Jai Inder Sharma, Jay Veer Yadav

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