Neutral Citation No. - 2025:AHC-LKO:4602 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1397 of 2023 Applicant :- Narendra Yadav Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 176 of 2021, under Sections 419,420,467,467,471,504,506 I.P.C., P.S.- Chinhat, District- Lucknow. From perusal of the order sheet, it appears that on 20.6.2023, following order was passed wherein the present applicant has been granted interim anticipatory bail:- " 1. Notice on behalf of opposite party no.1 has been accepted by Sri Anurag Varma, learned AGA. 2. On oral prayer of learned counsel for the accused-applicant, complainant is impleaded as party-opposite party no.2. 3. Necessary amendment in the memo of parties to be carried out during the course of the day. 4. Issue notice to opposite party no.2. Steps to be taken within two days. 5. List this anticipatory bail application in the third week of July, 2023. 6. The present application under Section 438 Cr.P.C. has been filed seeking bail in anticipation of arrest of the accused-applicant in FIR No.0176 of 2021, under Sections 419, 420, 467, 468, 471, 504 and 506 IPC, Police Station Chinhat, District Lucknow. 7. As per the allegations in the FIR, Maiku and Phool Chand S/o Budha had sold their land in Khasra No.428, area 19 Bigha and 2 Biswa situated in Village Ganeshpur, Rahmanpur, Pargana Tehsil and District Lucknow to the Gyan Vihar Sahkari Awas Samiti Limited, Lucknow vide registered sale deed dated 27.8.1992. It is alleged that out of the said land, which was transferred to the Gyan Vihar Sahkari Awas Samiti Limited vide sale deed dated 27.8.1992, 5700 Sq.Ft. land was sold by Maiku and Phool Chand in favour of the present accused-applicant and Sri Ram on 20.10.2010. The present accused-applicant and Sri Ram had again transferred the said land ad-measuring 5700 Sq.Ft. in favour of Smt. Shobha Srivastava on 1.8.2011. The society came to know these fraudulent transactions only on 12.11.2020 when some persons tried to take possession of the land. On the basis of these allegations, the FIR in question came to be registered against Maiku, Phool Chanda, present accused-applicant and Smt. Shobha Srivastava. 8. Learned counsel for the accused-applicant submits that the accused-applicant was not aware of any transfer of the said land in favour of Gyan Vihar Sahkari Awas Samiti Limited inasmuch as the mutation had not taken place in favour of the society and when he had purchased the land measuring 5700 Sq. Ft. on 20.10.2010, names of Budha, Maiku and Phool Chanda were recorded in the revenue records. 9. Considering the aforesaid submissions, as an interim measure, it is provided that in the event of arrest of the accused-applicant, he shall be released on bail on his furnishing a personal bond and two sureties to the satisfaction of the court concerned with following conditions:- (i) That the applicant shall make himself 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 them from disclosing such facts to the Court or to any police officer; (iii) That the applicant shall not leave India without the previous permission of the Court; and \ (iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicant is not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant namely, Narendra Yadav, till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself 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. In case of default, it would be open for the investigating agency to move application for vacation of this order. Order Date :- 23.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench