Neutral Citation No. - 2025:AHC-LKO:18364 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 357 of 2025 Applicant :- Surendra Kumar @ Surendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party. 2. First anticipatory bail application has been filed with regard to case crime No. 830 of 2023, under Sections 420, 506, 504, 427, 467, 468, 471, 120-B IPC, P.S. Kotwali Nagar, District Barabanki. 3. As per contents of first information report, a property situate in Barabanki was purchased by sister of informant by sale deed dated 6th January, 2023. The incident is said to have taken place on 11th June, 2023 when the applicant along with co-accused is said to have barged into the house and entered into an altercation with the informant and his family members whereafter it came to the knowledge of the informant that vendor of the sale deed dated 6th January, 2023 has subsequently sold the property to another person in which the applicant is indicated as a marginal witness. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him and that he has absolutely no role in the earlier sale deed dated 6th January, 2023 and even otherwise is only a marginal witness in the subsequent deed. It is submitted that there is no allegation that the applicant is beneficiary of the said transaction. It is submitted that even otherwise the applicant is not shown to have entered into an altercation with the informant or to have inflicted any injury upon him. 5. Learned A.G.A. has opposed bail application with the submission that the second sale deed being forged, allegations against the applicant are self evident. It is however admitted that there is no criminal previous criminal history of the applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the only role assigned in the F.I.R. with regard to applicant is that being a marginal witness of the second sale deed which also as per allegations was registered. There may not appear to be any allegation of applicant being a beneficiary of the transaction. It is also admitted that the applicant does not have any previous criminal history. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Surendra Kumar @ Surendra shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 9. The application stands allowed. Order Date :- 2.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench