Neutral Citation No. - 2025:AHC-LKO:14664 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1 of 2024 Applicant :- Khalil Ur Rahman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ratnesh Singh,Dharm Raj Mishra 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 application under Section 482 BNSS has been filed seeking anticipatory bail in case crime/F.I.R No. 326/2024, under Sections 420/468/471/120-B/447 I.P.C. and Section 2/3 of Prevention of Damage of Public Property Act, 1984, P.S. Kotwali, District Barabanki. From perusal of the order sheet, it appears that on 29.07.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 326/2024, under Sections 420/468/471/120-B/447 I.P.C. and Section 2/3 of Prevention of Damage of Public Property Act, 1984, P.S. Kotwali, District Barabanki. It is alleged that land gata No. 199, area 3 bigah, 10 biswa and 03 biswasi is registered in the name of the President Municipal Board as per 1359 fasli. Presently this land is registered at khata no. 01 in the name of President Nagar Palika at Gata No. 199. The Nagar Palika is in the possession of land and there is a garbage store. It has been alleged that with a view to illegally encroach the land and usurp the public property, unauthorized sale and purchase of the land are being done by the accused persons. Learned counsel for the applicant submits that the FIR has been lodged after a delay of 15 years. The applicant has no criminal antecedent. The offences are triable by magistrate. The applicant undertakes to cooperate in the investigation. The dispute is primarily civil in nature and is pending before the Revenue Court. The applicant is a bonafide purchaser. The applicant undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 21.08.2024. On due consideration to the argument advanced as well as perusal of the record and the fact that the dispute appears to be civil in nature; the applicant undertakes to cooperate in the investigation; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." 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. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Khalil Ur Rahman 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/ her 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 :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench