HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 985 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Nilesh Singh, learned counsel for the applicant, Sri S.P. Singh, learned State Counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0049/2024, under Sections 419, 420, 467, 468, 471 IPC, Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.01.2024 against four persons, including the applicant, by a private individual Prakash Chandra Gupta stating that the applicant had executed a sale deed in favour of co-accused Devendra Singh, in respect of a land falling on a pathway and the land is recorded in the revenue records as public pathway. The mutation was carried out in furtherance of the sale deed. The informant's father stated that the applicant has claimed a part of the informant's land as belonging to the applicant. Earlier the applicant had filed Suit No. 183/2015 in the Court of Civil Judge (Jr. Div.) which has been dismissed. 4. The informant expressed an apprehension that the co-accused Devendra Singh would commence construction activity on the Versus Counsel for Applicant(s) : Nilesh Singh, Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Santram Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) informant's land. 5. In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. 6. Learned AGA has opposed the application and he has submitted that the investigation in the matter is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of allegations, which prima facie make out a dispute which is essentially of a civil nature regarding which the applicant had filed a civil suit and the informant has not filed any civil suit and the relief sought through the FIR appears to be in the nature of an injunction, coupled with the fact that the applicant has no criminal history and without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be granted anticipatory bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Santram Kashyap be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 11, 2025 Pradeep/- ABAIL No. 985 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench