Neutral Citation No. - 2025:AHC-LKO:47621 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 888 of 2025 Applicant :- Ragani Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Karunakar Srivastava,Shiv Sinha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Karunakar Srivastava, the learned counsel appearing on behalf of the applicant, Sri Diwakar Singha, the learned A.G.A. appearing on behalf of the State and Shri Narayan Dutt Tiwari, the learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.492 of 2023 under Sections 419, 420, 467, 468, 471 I.P.C. registered at Police Station- Mankapur, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2023 against four persons, including the applicant, stating that the informant has never held any land and she has never gone to a Court or Tehsil office. Co-accused persons Bhuttan Khan and Attar Mohammad. had got forged sale deed dated 28.09.1981 prepared and they got the same registered. On the basis of the aforesaid sale deed, no mutation was carried out and yet they sold away the property to the applicant- Ragani Tiwari through a sale deed dated 07.03.2021. The informant stated that the land is recorded in the name of her deceased husband and thereafter his heirs but the applicant and the other purchaser Mohd. Sharif are restraining them from taking possession of the land. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 60 years old lady having no criminal history and she has been falsely implicated in the present case. 6. Learned counsel for the applicant has submitted that a co- accused Pradeep Kumar Mishra, who is also a purchaser of a portion of same land, has already been anticipatory granted bail by means of an order dated 23.09.2024 passed by a Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/S 438 Cr.P.C. No.1819 of 2024. 7. The learned A.G.A. as well as the learned counsel for the complainant have opposed the prayer for anticipatory bail and the learned A.G.A. has submitted that the allegations have been established against the applicant during investigation and a charge-sheet has been submitted on 01.05.2024. 8. Learned counsel for the complainant has submitted that the accused persons have grabbed the land of the informant's husband on the basis of forged documents and this conduct dis- entitles the applicant from being granted anticipatory bail. However, the learned counsel for the opposite parties could not dispute that the role assigned to the applicant is similar to that assigned to co-accused Pradeep Kumar Mishra, who has already been granted anticipatory bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in favour of co-accused Bhuttan Khan and Attar Mohammad was executed on 28.09.1981 and the sale deed in favour of the applicant was executed on 07.03.2021 but there is nothing on record to indicate that any civil proceedings have been instituted for cancellation of the sale deeds or for any other incidental or ancillary relief; that the applicant is a 60 years old woman having no criminal history whereas the investigation already stands concluded and a co-accused has already been granted anticipatory bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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/herself 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. . (Subhash Vidyarthi, J.) Order Date :- 14.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench