SC says Allahabad HC 'illogically turned' down bail plea of 71-year-old woman in forgery case

New Delhi, Sep 28 (PTI) The Supreme Court has come to the rescue of a 71-year-old woman, who was booked at the behest of a lawyer for the offence of forgery pertaining to a 1971 land sale deed in Uttar Pradesh.

Frowning upon the approach of the Allahabad High Court, a bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh, issued bailable warrant against the complainant advocate Daduram Shukla to the sum of Rs 10,000 to secure his presence and show caused him as to "why exemplary cost be not imposed on him for lodging the FIR in 2023 alleging forgery of a sale deed on August 21, 1971".

The bench directed the Lucknow commissioner of police to execute the bailable warrants and stayed the arrest of the woman Usha Mishra, while also questioning the approach of the police in registering the case.

The bench said, "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-year-old woman, and when she is neither seller nor purchaser nor a witness or the beneficiary of the sale deed dated August 21, 1971." Deprecating the "casual manner" of the high court in passing the order rejecting the anticipatory bail of the woman, the bench said it does not want to say more at this stage but it "warrants introspection".

"The casual manner in which the impugned order has been passed warrants introspection. We will not say more than this at this stage," the bench said in its recent order.

The bench said there is no requirement of any counter affidavit from the State as it called for the original records of the case, leading to registration of the FIR.

It said, "The SHO of the police station is directed to produce the original record leading to registration of FIR No…and further show cause as to why such proceedings, prima facie being an abuse of process of law, be not quashed.” The bench posted the matter for further hearing on October 8.

On June 25, the top court agreed to examine the plea of the woman for anticipatory bail and issued notice to Shukla, while noting that she appeared before the investigating officer on May 26, 2025, on which date her statement under Section 161 of the Criminal Procedure Code, 1973 was recorded.

The bench noted that Shukla has been evading service of the notice and directed the Lucknow commissioner of police that if he (Shukla) shows any reluctance in accepting notice, his presence before the apex court should be secured through non-bailable warrants.

The case against the woman was registered under Kotwali Nagar police station of Gonda district for offences of cheating and forgery on June 22, 2023.

On May 27, 2025, the Lucknow bench of the high court cancelled the anticipatory bail granted to Mishra in the case after noting that she had not appeared before the investigating officer of the case on the stipulated date and misusing the liberty granted to her.

The woman has submitted that she was unwell due to which she did not appear before the investigating officer on May 19 but on May 26, she appeared and recorded her statement.

According to the FIR, the allegation against Mishra was that a forged and fabricated sale deed was executed on August 20, 1971 and the mutation of which was rejected on September 7, 2020.

It was also alleged in the FIR that she is the mother-in-law of main accused Brijesh Kumar Awasthi, who is a gang member and involved in fabrication of various such sale deeds. PTI MNL MNL DV DV