Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 93 of 2025 Applicant :- Nageshwar Singh @ Dr. Kunwar Rajesh Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Devashish Bhatt,Vivek Kumar Rai Counsel for Opposite Party :- G.A.,Sushil Kumar Singh Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and Mr. Sushil Kumar Singh & Mr. R.P. Shukla, learned counsel for opposite party no.2. 2. This first anticipatory bail application has been filed with regard to FIR No. 240 of 2024, under Sections 352, 351(3), 310(2), 324(5) of BNS, 2023, Police Station Hazratganj, District Lucknow. 3. As per contents of First Information Report, the incident is said to have taken placed on 25.08.2024 at about 08:30 AM when about 20 to 25 persons barged into the premises of school concerned and created a ruckus while damaging and stealing the belongings. Applicant is named in the First Information Report as being the person instrumental for the incident. 4. Learned counsel for applicant submits that he has been falsely implicated in the charges levelled against him and that the First Information Report does not indicate his presence as on the date of occurrence of the incident. It is submitted that applicant's name has been included in the First Information Report only on account of the fact that one Mr. Mazahir Hussain Advocate, Civil Court executed an agreement to sell in favour of applicant's wife with regard to property in question. It is submitted that neither in the First Information Report nor even in the evidence collected has there been any co-relation of applicant with the charges levelled against him. It is also submitted that a perusal of the counter affidavit also makes it evident that applicant is co-operating in investigation with relevant documents having been supplied by him. He also submits that upon acquiring knowledge that the said Mazahir Hussain was not the owner of the property in question, agreement to sell has been cancelled and an affidavit being submitted before the Registrar. It is, therefore, submitted that the applicants bona fides are quite apparent. 5. Learned counsel for opposite parties have opposed anticipatory bail application with the submission that the plot in question houses Vasant Vihar School with the Society already recorded in the revenue records. It is submitted that earlier as well various attempts were made by the land mafia to get the plot vacated leading to filing of Criminal Misc. Writ Petition No. 6490 of 2024, Durga Prasad Nigam Domestic Science School Society versus State of U.P. and others and the same is pending consideration with the investigation being monitored by this Court. He has also referred to order dated 12.09.2024 passed therein in which prima facie finding has been recorded by the Division Bench indicating land grabbing activities at the instance of Mazahir Hussain, Advocate. They have also referred to the counter affidavit filed on behalf of State to indicate that a non-bailable warrant has been issued against the applicant which clearly indicates his non-cooperation during investigation. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that with regard to the plot in question, an agreement to sell has been executed by the co-accused Mazahir Hussain, Advcoate, Civil Court, Lucknow in favour of wife of applicant. The said person appears to be the main accused in the First Information Report. Although the First Information Report does not indicate presence of applicant at the time and place of occurrence of incident but a perusal of order dated 12.09.2024 passed in Criminal Misc. Writ Petition No. 6490 of 2024 records prima facie satisfaction of Division Bench of this Court with regard to attempts being made to encroach upon the property in question by land mafia. The accused as well as applicant are subject matter of scrutiny by Division Bench of this Court in the said proceedings. The order also indicates the fact that the said Mazahir Hussain does not appear to be the owner in possession of the plot in question. The order also indicates monitoring of investigation by Division Bench of this Court. 7. In the counter affidavit filed on behalf of State, the aspect of non-bailable warrant having been issued against applicant has also not been denied. 8. In view of such discussions, at the stage, there does not appear to be any good reason to entertain the application, which is accordingly rejected. Order Date :- 20.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench