Neutral Citation No. - 2025:AHC-LKO:3196 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 27 of 2025 Applicant :- Shesh Ram And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rakesh Kumar Saini Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rakesh Kumar Saini, learned counsel for the applicants and Sri Bhanu Pratap Singh, learned A.G.A. for the State. 2. Learned counsel for the applicants has stated that the applicants are apprehending their arrest in Case Crime No. 0302 of 2024, under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station- Dhanepur, District- Gonda. 3. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case as they have not committed any offence as alleged. Attention has been drawn towards the impugned FIR which indicates that for the alleged incident dated 17/19.09.2024, the FIR has been lodged on 13.11.2024. It is stated that the applicant No. 1 is the bona fide purchaser of the property in question whereas the applicant No. 2 and 3 are marginal witnesses. The applicant No. 1 has purchased the property with consideration as was agreed between the parties but the mother of the seller has lodged an FIR against the applicants making false allegation. It is stated that objection has also been raised in the mutation proceedings, therefore, the property in question has not been mutated till date. 4. Learned counsel for the applicants further stated that the investigation is going on. The applicants are having their permanent residence, therefore, there is no flight risk and the applicants undertake that they shall co-operate in the investigation proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court. He further stated that in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1, the liberty of the applicants may be protected till conclusion of the investigation and filing of the police report. 5. Learned A.G.A. for the State opposed the aforesaid prayer for bail but could not dispute the aforesaid submissions of learned counsel for the applicants. 6. Therefore, without entering into the merits of the issue and considering the fact that the applicants are ready to co-operate in the investigation; objection has also been raised in the mutation proceedings and the property in question has not been mutated till date; investigation is going on; the applicants are having their permanent residence and the undertaking of the applicants that they shall co-operate in the investigation and they shall not misuse the liberty of anticipatory bail, I find it appropriate that liberty of the applicants may be protected till completion of investigation and filing of police report in the light of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 7. It is further directed that in the event of arrest, the applicants- Shesh Ram, Ram Kirpal and Sita Ram, shall be released on anticipatory bail in the aforesaid case crime number till completion of the investigation and filing of police report on their furnishing separate personal bond and two sureties each in the like amount to the satisfaction of the trial court/court concerned/arresting authority with the following conditions:- (i) that the applicants shall appear before the investigating officer concerned on 24.01.2025 at 11:00 a.m. sharp and shall thereafter co-operate in the investigation, failing which the protection granted by this Court may be withdrawn; (ii) that 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without prior permission of the court; (iv) that the applicants shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 8. This anticipatory bail application is disposed of in view of the above terms. (Rajesh Singh Chauhan,J.) Order Date :- 17.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench