Neutral Citation No. - 2025:AHC-LKO:40407 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 857 of 2025 Applicant :- Shiv Kailash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/FIR No. 61/2025 U/Section 318(4), 319(2), 336(3), 338, 340(2) BNS, PS Khargupur, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that the applicant-accused, in collusion with the co-accused, fraudulently induced the complainant and dishonestly sold land belonging to third parties by showing forged documents, thereby obtaining Rs. 23,00,000/- in cash and Rs. 20,00,000/- through a bank transfer. Learned counsel for the applicant submits that the applicant’s name has surfaced only in the confessional statement of co- accused Shashank. The applicant is neither the seller nor the purchaser, nor even a witness to the sale deed. He has not received any money in his account. It is further submitted that the applicant has been falsely implicated, and the offences alleged are triable by a Magistrate. The applicant has explained his criminal antecedents involving a single petty case in the bail application. Learned counsel further submits that the applicant is not a convict, and is willing to cooperate with the investigation. Learned A.G.A. has opposed the bail application, submitting that the investigation is still going on. Considering the confessional statement of co-accused Shashank, the offences being triable by a Magistrate, and the applicant’s non-involvement as seller, purchaser, or witness to the sale deed along with the explanation of his criminal antecedent, coupled with the fact that nothing has been recovered from the applicant’s possession and his undertaking to cooperate with the investigation, this Court, relying on the judgment in Sushila Aggarwal & Others v. State (NCT of Delhi) & Another, (2020) 5 SCC 1, finds it appropriate to grant anticipatory bail to the applicant. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within ten days from the date of receipt of certified copy of the order. She shall cooperate in the investigation and she 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. The anticipatory bail application is allowed. It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 15.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench