HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1299 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Faizal Hashmi, learned counsel appearing on behalf of the applicant as well as Shri Angad Kumar Vishwakarma, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.143 of 2025, under Sections 338, 336(3), 340(2), 318(4), 316(2), 352, 351(3) of B.N.S., registered at Police Station- Jarwalroad, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.07.2025 against three persons, including the applicant, his wife and his son, stating that the informant had sold her land worth Rs.3,49,000/- to the applicant's wife for agreed sale consideration of Rs.7,00,000/- but merely Rs.17,000/- was mentioned as the sale consideration in the sale deed. The agreed sale consideration was not paid to her and when the complainant went to demand the sale consideration from the accused persons, they abused her blatantly. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that the complainant Versus Counsel for Applicant(s) : Faizal Hashmi, Zahid Parvez Counsel for Opposite Party(s) : G.A. Sayeed Ahmad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home And Another .....Opposite Party(s) had already filed a regular suit No.2664 of 2024 in the court of Civil Judge, Junior Division, Kaiserganj, Bahraich for cancellation of the sale deed on 23.12.2024 and about 7 months after filing of the suit, the complainant has filed the F.I.R. without disclosing the fact of pendency of the civil suit. 6. A co-accused, Fatma has already been granted anticipatory bail in the present case vide order dated 10.09.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.1219 of 2025 7. The learned A.G.A.-I has opposed the prayer for anticipatory bail and he has submitted that the investigation in the matter is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed on 11.10.2022; a suit for cancellation was filed in the month of December, 2024 and the F.I.R. has been lodged on 10.07.2025 regarding a dispute which essentially appears to be of a civil nature and which dispute is already the subject matter of the civil suit coupled with the fact that the applicant has no criminal history. 9. It has further been submitted that co-accused, Fatma has already been granted anticipatory bail in the present case vide order dated 10.09.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.1219 of 2025. Thus, 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 applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on 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 NABAIL No. 1299 of 2025 2 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. September 22, 2025 V. Sinha NABAIL No. 1299 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench