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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7963 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Shardendu Mishra, learned counsel for the applicant, Shri Satish Kumar Yadav, learned counsel for the first informant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.210 of 2022, under Sections 419, 420, 467, 468 and 471 of IPC, Police Station Bahariya, District Prayagraj, with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the matter relates to some civil dispute. It is further submitted that as per allegation in the first information report, the applicant is said to have prepared a forged will of late Yashoda Devi and he is trying to grab the property of the first informant. It is further submitted that the matter regarding the disputed property is subjudice before the competent Court. It is further submitted that the said will has not been declared forged or fabricated by any competent Court or any competent authority. It is also submitted that earlier the applicant had approached this Court by challenging the first information report and Division Bench of this Court had granted interim relief to the applicant. It is further submitted that the charge sheet has Versus Counsel for Applicant(s) : Narendra Kumar, Rajeev Kumar Pandey, Shardendu Mishra Counsel for Opposite Party(s) : G.A., Satish Kumar Yadav Narendra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
already been submitted in this case. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5.
Learned counsel for the first informant has opposed the application for anticipatory bail and submitted that the act of the applicant is very serious in nature and he is trying to grab the property. 6. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 7. The allegation against the applicant is that he has prepared a forged will of late Yashoda Devi and he is trying to grab the property of the first informant. It is further submitted that the matter regarding the property in dispute is subjudice before the competent Court. It is further submitted that the charge sheet in this case has already been submitted. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Narendra Kumar involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear NABAIL No. 7963 of 2025 2
before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 10, 2025 RKM NABAIL No. 7963 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad