HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1478 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Adarsh Shukla, Advocate holding brief of Shri Manish Kumar Tripathi, the learned counsel for the applicant and Shri Mayank Sinha, the learned AGA for the State. 2. On 12.07.2024, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order: "1. Heard Sri Manish Kumar Tripathi, the learned counsel for the applicant, Sri Abhishek Singh, the learned counsel appearing on behalf of the State and Sri Dinesh Kumar Ojha, Advocate who has put in appearance on behalf of the informant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.172 of 2023, under Sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Krishna Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.04.2023 against three persons, including the applicant, his wife and his son alleging that the accused persons had offered to sell their flat to the informant and they had told her that they owe Rs.12,00,000/- to bank towards repayment of the loan. The informant further stated that a sale agreement was executed in her favour on 07.06.2022 but the accused persons did not execute a sale deed in her favour. Later on the property was auctioned by the bank. A copy of the sale agreement dated 07.06.2022 executed between the parties has been annexed with the affidavit filed in support of the application, in para 3 whereof the accused persons had specifically stated that the flat was mortgaged with Canara Bank and the original title deed of the flat was deposited with the bank. In case the sellers are unable to get the mortgage redeemed they will repay the money to the informant. Both the other co- accused persons have already been granted anticipatory bail. 4. Sri Dinesh Kumar Ojha, the learned counsel for the informant vehemently opposed the anticipatory bail application and he seeks time to file a counter affidavit. One week's time is granted to file a counter affidavit. The applicant may file a rejoinder affidavit, if any, within a period of one week thereafter. Versus Counsel for Applicant(s) : Manish Kumar Tripathi, Aditya Vikram Singh Counsel for Opposite Party(s): G.A., Dinesh Kumar Ojha Lallan Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home .....Opposite Party(s) 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant and his wife had executed a sale agreement to sell a flat in favour of the informant, wherein it was specifically stated that the flat in question stands mortgaged with the bank and in case sellers could not get the mortgaged redeemed they will repay the money of the informant; that the informant has not initiated any civil proceedings for recovery of money as per the terms of the agreement; that prima facie it appears that the F.I.R has been lodged to put pressure on the applicant to repay the money to the informant without her taking recourse to any civil proceedings and that both the other co-accused persons have already been granted anticipatory bail by this court and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting interim anticipatory bail to the applicant. 6. Accordingly, as an interim measure, it is provided that in the event of arrest/ appearance of applicant-Lallan Khan before the learned Trial Court in the aforesaid case crime till the next date of listing he shall be released on interim anticipatory bail on his furnishing 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 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) hat 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." 3. The State has filed a counter affidavit, but the learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 4. In view of above, the interim order dated 12.07.2024 is made absolute and the anticipatory bail application is allowed. September 10, 2025 -Amit K- ABAIL No. 1478 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench