Neutral Citation No. - 2025:AHC-LKO:21241 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 404 of 2025 Applicant :- Balak Das Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra,Durgesh Nandini Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed in this matter, issuance of notice to opposite party no.2 stands dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.818 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Gomti Nagar, District Lucknow. 4. As per contents of first information report, applicant unauthorizedly purchased property belonging to Lucknow Development Authority by means of sale deed dated 09.11.2000 and without authorisation sold it again to one Smt. Rekha Nishad by another registered sale deed dated 22.10.2020. The gist of allegation is that sale deed executed in favour of application dated 09.11.2000 was not by a person authorized to execute sale deed on behalf of Lucknow Development Authority. 5. It has been submitted that applicant has been falsely implicated in charges levelled against him and that he was a bona fide purchaser of the plot in question by means of a registered sale deed dated 09.11.2000 which has been duly executed by authorized signatory of Lucknow Development Authority. It is also submitted that for the past 22 years, no-one has raised any objection with regard to aforesaid sale deed. It is submitted that it is in fact co-accused Surendra Mohan who was instrumental in purchase of property by applicant from Lucknow Development Authority since the said person is employed as a Clerk therein. It is submitted that applicant does not have any previous criminal history and investigation is yet ongoing. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that the narration made in F.I.R. clearly indicates the aspect that applicant without ownership of the plot in question has subsequently executed a sale deed pertaining to property belonging to Lucknow Development Authority. He however admits that applicant does not have any previous criminal history and the main accused Surendra Mohan has already been taken into custody. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, 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, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Balak Das 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:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 9. The application stands disposed of. Order Date :- 16.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench