Neutral Citation No. - 2025:AHC-LKO:42196 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 668 of 2025 Applicant :- Nanhey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dinesh Chandra Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed by the applicants is taken on record. Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 69 of 2013, under Sections 419,420,467,468 IPC, P.S.- Colonelganj, District- Gonda. In the prosecution case, it is alleged that on 20.10.2012, the complainant purchased a land having area 0.147 hectare out of 0.67 from Mahesh Kumar. In lieu of sale consideration, Rs. 1,20,000/-, a sale deed was executed and the complainant was handed over the possession. It is further alleged that the applicants usurped that land. They along with the other co- accused persons by using a back date stamp got another sale deed executed in favour of accused No. 1 Nanhey in connivance with the marginal witnesses. Learned counsel for the applicants submits that the applicant are innocent and they have been falsely implicated in the case. The dispute is purely civil in nature. The co-accused Mahesh Kumar along with the applicant No.1 Nanhey filed a regular civil suit for cancellation of the sale deed bearing No. 471/2013 ( Mahesh and another vs. Archana Devi and another) which is pending in the court of Civil Judge (Junior Division), Gonda. It is next submitted that the applicants have duly cooperated in the investigation. The charge-sheet in the case has been filed. They challenged the charge-sheet by means of application under Section 482 CrPC bearing No. 3196 of 2015 (Raghuraj @ Nanhey and others vs. State of U.P. and others), wherein the stay order was granted on 17.08.2015 and the proceedings were stayed. Ultimately, the case was finally disposed of on 14.11.2019. The order is on record as Annexure-2 to the supplementary affidavit. Thereafter, the discharge application was filed by the applicants pursuant to the direction of the Court vide order dated 14.11.2019, which was rejected by learned court below. It is further submitted that the applicants are about 55 years, 75 years and 85 years old respectively. They have no criminal antecedents. They are under litigation both in criminal and civil sides since 2013. They undertake to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application but could not dispute the fact that the civil suit is pending between the parties. Perused the record. On due consideration to the submissions advanced, perusal of the record, the old age of the applicants so also the fact that the civil suit is pending between the parties since 2013; the applicants have no previous criminal history; charge-sheet in the case has been filed; the offences are triable by a Magistrate and the undertaking given by the applicants to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicants may be protected. In view of the above, the applicants- Nanhey, Ram Murat and Babadeen are directed to surrender before the trial court within a period of twenty days from today. Upon their surrender, the trial court shall release them on anticipatory bail, subject to their furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade him from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the anticipatory bail granted to the applicants; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting anticipatory bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 22.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench