Neutral Citation No. - 2025:AHC-LKO:42236 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 469 of 2025 Applicant :- Dharmraj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Masood Raza Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. The applicant has moved the present application praying for grant of anticipatory bail in Case Crime no.50 of 2024, under Sections 420, 406, 504 & 506 I.P.C., P.S Intiyathok, District Gonda. 2. Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant/respondent No.2. 3. This Court while giving interim protection has passed the following order on 5.5.2025 : "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.50 of 2024, under Sections 420, 406, 504 & 506 I.P.C., P.S Intiyathok, District Gonda. 4. As per contents of first information report, informant allegedly advanced a substantial sum of amount to applicant in time of need but was unable to repay the same and in lieu thereof executed a registered agreement to sell dated 30.11.2022 with regard to an immovable property but instead of executing the sale deed in favour of informant, donated the same to his wife with active connivance of co-accused. 5. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from fact that only agreement to sell has been indicated in the first information report which even otherwise does not confer any title. It is submitted that unnecessarily criminal colour is being sought to be given to purely a civil transaction. It is also submitted that applicant has cooperated during course of investigation whereafter charge sheet has been filed. 6. Learned Additional Government Advocate has opposed anticipatory bail but admits that there is no previous criminal history against applicant and he has cooperated during investigation. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that entire gist of allegations pertains to non-execution of sale deed in pursuance of an agreement to sell executed allegedly by applicant in favour of informant. The aspect of civil litigation being given a criminal colour, would require consideration. Admittedly applicant has cooperated during investigation and does not have any previous criminal history. Thus, 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 BNSS. 8. List this case on 26.05.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Dharmraj shall be released on interim bail on his/her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant 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." 4. Learned counsel for the applicant has submitted that, in compliance with the order extracted above, the applicant has furnished the required bonds and has been enlarged on anticipatory bail. 5. It is further submitted that the dispute, as alleged, is purely civil in nature. The offence is triable by a Magistrate. The applicant has no criminal antecedents. The applicant has cooperated during the course of investigation. It is further submitted that the applicant undertakes to cooperate in the trial. 6. Learned A.G.A. has opposed the bail prayer of the applicant; however, there is nothing on record to suggest that the applicant has not extended his cooperation with the prosecution either during the investigation or during the trial. 7. Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, prima facie the dispute appears to be civil in nature, the applicant has no criminal antecedents, undertaking that the applicant shall cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 8. The application is allowed accordingly. Order Date :- 23.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench