HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 941 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dinesh Kumar Shukla, the learned counsel for the applicant as well as Sri Avishesh Kuamr Singh, the learned A.G.A. appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 281 of 2017, under Sections 419, 420, 467, 468, 471, 504, 506 of I.P.C., registered at Police Station Colonelganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.05.2017 against four persons, including the applicant in furtherance of an application under Section 156(3) Cr.P.C., stating that the applicant had purchased a land from its previous owners, through a sale deed dated 30.08.1996. The purchaser again executed a sale deed in respect of the land, which had already been sold to the applicant, on 20.09.2014 to the co- accused Ram Khabar and Ram Khabar again sold the land to co-accused Jawanti on 24.08.2014. The applicant is son of co-accused Jawanti. 4. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 5.The learned A.G.A has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation Versus Counsel for Applicant(s) : Dinesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Ganga Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and a charge sheet has been submitted on 20.10.2017. 6. The learned counsel for the applicant has submitted that the applicant had previously field a Writ Petition No. 17638 (MB) of 2017, in which his arrest was stayed till filing of a charge-sheet by means of an order dated 04.08.2018 and, thereafter, the applicant has filed an application under Section 482 Cr.P.C No. 1864 of 2018, challenging the validity of the charge- sheet, which was disposed of by means of an order dated 26.10.2023 granting him liberty to file an application seeking discharge through counsel. He has submitted that after rejection of the discharge application, the applicant has sought anticipatory bail application. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R allegations, prima facie it appears that the land has wrongly been sold away to Jawanti by the previous owners/seller, which prima facie indicates that Jawanti may be a victim of the offence committed by the other co-accused persons and the applicant appears to be not guilty in execution of the sale deed and that the applicant has no previous criminal history and earlier he had been granted protection from the arrest by this Court, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ganga Prasad 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 themselves 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; ABAIL No. 941 of 2025 2 (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. August 29, 2025 Preeti. ABAIL No. 941 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench