Neutral Citation No. - 2025:AHC-LKO:18271 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 281 of 2025 Applicant :- Vijay Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State while power on behalf of opposite party no.2 has been filed by Mr. Ashish Raman Mishra, Advocate which is taken on record. 2. Criminal Misc. First Anticipatory Bail Application has been filed with regard to Case Crime No.366 of 2024, under Sections 419, 420, 467, 468, 471, 120B, 506 I.PC., P.S. Kotwali Nagar, District Bahraich. 3. As per contents of first information report, applicant alongwith co-accused was instrumental in forgery of a will deed dated 17.11.2012 which was the basis of subsequent sale-deed. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him and the FIR even otherwise does not explain the considerable delay of 12 years in lodging the FIR. It is also submitted that will dated 17.11.2012 is in fact a registered document in which applicant is only shown as a witness. It is also submitted that the aforesaid registered will has not been challenged by any one in any competent court of Civil jurisdiction. It is therefore submitted that an unnecessarily criminal colour is being sought to be given to a purely civil dispute. It is submitted that applicant does not have any previous criminal history. 5. Learned A.G.A. and learned counsel for complainant have opposed Criminal Misc. First Anticipatory Bail Application with submissions that the applicant himself is admitted the fact that will dated 17.11.2012 was not executed by the owner of the property and in view of such admission, allegations levelled against him are clearly made out. It is however admitted that till date no one has challenged the registered will dated 17.11.2012 and the suit which has been filed only challenges the subsequent sale-deed. It is admitted by learned AGA that there is no previous criminal history of applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears from the contents for FIR itself that forgery is said to have been committed of registered will dated 17.11.2012. There does not appear to be any explanation for a delay of 12 years in lodging first information report. It is also admitted by opposite parties that till date the aforesaid registered will dated 17.11.2012 has not been challenged by any one. It is also admitted that applicant does not have any previous criminal history. 7. Thus, it would be expedient in the interest of justice that liberty of applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020)5 SCC 1. 8. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Vijay Kumar Tiwari shall be released on anticipatory bail in aforesaid Case Crime number on his/her 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(s) shall cooperate in the investigation and he/she will not influence the witnesses. (2) The accused-applicant(s) will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. (3) The applicant(s) 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 interim protection. 9. The application stands disposed of. Order Date :- 2.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench