Neutral Citation No. - 2025:AHC-LKO:24860 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 390 of 2025 Applicant :- Mohammad Shamshad @ Shamashad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants, learned Additional Government Advocate appearing on behalf of State and perused the record. Counter affidavit filed today is taken on record. 2. As per office report dated 29.04.2025, opposite party no.2 has been served personally but no one has put in appearance on his behalf. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 213 of 2024 under Sections 419, 420, 120-B IPC, Police Station Kotwali Dehat, District Sultanpur. 4. On 11.04.2025, the following order had been passed:- "1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of State. 2. Issue notice to opposite party no.2. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 213 of 2024 under Sections 419, 420, 120-B IPC, Police Station Kotwali Dehat, District Sultanpur. 4. As per contents of FIR, applicants alongwith co-accused were instrumental in submission of fabricated khataunies pertaining to the Khasra years 1356, 1359 and 1360 before the Consolidation Officer during consolidation proceedings to establish their claim over the plot in question. The informant is also claiming succession over the said plots. 5. It has been submitted that applicants have been falsely implicated in the charges levelled against them and that an unnecessary criminal colour is sought to be given to purely civil dispute in view of the fact that the application of informant filed before the Consolidation Officer was rejected alongwith that of applicants and against which appeal is already pending consideration before the Settlement Officer Consolidation with an order of status quo also being issued. 6. Learned AGA appearing on behalf of State opposed the prayer for anticipatory bail application but does not dispute the aforesaid facts. It is also admitted that applicants do not have any criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that allegations levelled against the applicants appear to be civil in nature for which civil proceedings are also pending consideration without final adjudication. 8. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Mohammad Shamshad @ Shamashad and Nafees Ahmad shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. List this case on 30.04.2025, as fresh alongwith service report. 10. Objections may be filed in the meantime. " 5. In pursuance thereof, learned AGA submits that the applicants has cooperated during the course of investigation whereafter charge-sheet has been filed. No adverse situation subsequent thereto has been indicated in the counter affidavit. 6. In view thereof, interim anticipatory bail granted earlier to applicants vide order dated 11.04.2025 is hereby made absolute. 7. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicants, namely, Mohammad Shamshad @ Shamashad and Nafees Ahmad till disposal of the trial subject to the following conditions:- (i) 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. Order Date :- 30.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench