Neutral Citation No. - 2025:AHC-LKO:42097 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 803 of 2025 Applicant :- Santosh Kumar @ Santosh Kumar Pathak Opposite Party :- State Of U.P. Thru. Prin.Secy.Home Govt.Lko And Another Counsel for Applicant :- Avinash Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicants their arrest in crime No. 830/2015, under Sections 419/420/406 IPC, P.S. Hardi, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. It is alleged in the prosecution case that the applicant, along with co-accused Suman Devi, promised to transfer 8 bighas of land to the complainant. In exchange, the applicant received a total of Rs. 80,000/- from the complainant in two installments and handed over possession of the land. However, no sale deed was executed. Instead, in 2015, the applicant allegedly sold 4 bighas of the same land to one Sanwara Devi. Learned counsel for the applicant contends that the matter is purely of a civil nature. He submits that the proceedings were stayed by the coordinate Bench of this Court vide order dated 11.12.2017 passed in Case No. 8197 of 2017 under Sections 482/378/407 CrPC. The stay remained in force for eight years and was eventually vacated on 05.05.2025 when the petition was dismissed for non-prosecution. The FIR in this case was registered in 2015, and the charge sheet was filed in 2016. The applicant has cooperated during the investigation and undertakes to do the same during the trial. He has also explained the criminal antecedent of a solitary case in the bail application. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that the offence is triable by a Magistrate, the applicant has explained criminal antecedent of a solitary case, the charge sheet was filed as early as in 2016, and his undertaking to cooperate with the trial, this Court is of the considered opinion that the applicant is entitled to anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant 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 them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant 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 bail granted to the applicant; 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 bail to the applicant 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 application is allowed. Order Date :- 23.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench