HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 376 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Shailendra Kumar, learned counsel appearing on behalf of the applicant as well as Smt. Kamlesh Kumari, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.80 of 2009, under Sections 364, 420 I.P.C., registered at Police Station-Baundi, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.02.2009 against five persons, including the applicant, stating that the accused persons had got a sale deed executed by the complainant's wife in favour of mother of other four accused persons on 26.12.2008 and the applicant had taken her for execution of the sale deed. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 60 years old innocent person and he has been falsely been implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other criminal cases, in two of which he has been released on bail and in one of the case he has not received any summon. 6. Initially, the Investigating Office had submitted a closure report but that was not accept and a final investigation is going on. Versus Counsel for Applicant(s) : Shailendra Kumar Counsel for Opposite Party(s) : G.A. Suresh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers .....Opposite Party(s) 7. The learned counsel for the applicant has submitted that the applicant has undertaken to co-operate during the investigation. 8. The learned A.G.A. has opposed the prayer for bail but she could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that after initial investigation, a closure report has been filed; that there is no allegations that the applicant has received any benefit out of execution of the sale deed and that the applicant is a 60 years old person, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 17, 2025 S. Shivhare ABAIL No. 376 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench