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2025 DAILYLAW 148298 (ALL)

KHUSHILAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

/747/2025 · 2025-08-04

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 747 of 2025 Applicant :- Khushilal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Mithlesh Singh Counsel for Opposite Party :- G.A.,Indra Pratap Singh,Ranjeet Yadav Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Mithlesh Singh, learned counsel for the applicant, Ms. Shikha Sinha, learned AGA-I for the State and Sri Indra Pratap Singh, learned counsel for the opposite party no. 2. 2. Learned counsel for the opposite party no. 2 expresses unwillingness of the opposite party no. 2 for reference of the dispute to the Mediation and Conciliation Centre of this Court. 3. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No. 72/2025, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station Fatehpur Chaurasi, District Unnao. 4. The aforesaid case has been registered on the basis of an FIR lodged by the opposite party no. 2 against the applicant and his son Kuldeep, stating that the informant had entered into an agreement to purchase about 1 biswa land from the applicant and the applicant deceitfully took Rs. 4,40,000/- from the informant on 06.11.2022 and thereafter he got a sale deed executed by her relative Pushpa wife of Shiv Baran by mentioning a fake gata number. On the date of execution of the aforesaid sale deed, the accused persons prepared forged documents in respect of another plot and took Rs. 1,97,000/- in cash from the informant. Later on the informant came to know that the accused persons had executed a sale deed in respect of land belonging to some other tenure holder. The informant alleged that the accused persons had taken Rs. 6,37,000/- from him and when he demanded return of the money, the applicant's son threatened her. 5. A copy of the registered sale deed executed in favour of the informant on 06.10.2022 has been annexed with the bail application wherein it is recorded that the purchaser was put in possession of the land purchased by him 6. In response to a query put by the Court, learned counsel for the informant stated that the informant has not filed any suit for recovery of his money or for the alleged defect in the sale deed. 7. The learned AGA and the learned counsel for the informant have filed counter affidavits but there is nothing in the counter affidavits regarding filing of any civil suit by the informant. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed on 06.10.2022 which clearly mentions that the purchaser was put in possession of the land; the applicant has not instituted any civil proceedings for recovery of possession or cancellation of the sale deed or breach of agreement etc.; prima facie, it appears that the dispute between the parties is of civil nature, I am of the view that the applicant is entitled to be granted anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Khushilal before the learned Trial Court in the aforesaid case crime, he shall be released on 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) 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. Order Date :- 4.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench