Neutral Citation No. - 2025:AHC-LKO:7490 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2719 of 2024 Applicant :- Smt. Alka Pandey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ramesh Singh Counsel for Opposite Party :- G.A.,Salma Bano,Shresth Agarwal Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Shakti Singh, learned counsel for the complainant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicants on anticipatory bail in Case Crime No. 0195 of 2023, under sections 406 (alter into 409)/420/506 of the I.P.C., Police Station-Hazratganj, District-Lucknow. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated. He added that infact the agent had taken some amount in lieu of the land to be transferred by way of executing the sale deed in favour of the complainant, whereas no sale consideration was ever given to him, but, once, the present anticipatory bail application is filed, the Hon'ble Court vide order dated 02-1-2025, noted that the applicants are ready to execute the sale deed of the alleged property and to hand over the possession of the same to the complainant within a week and thereafter, the sale deed is executed in favour of the complainant and the possession has also been handed over to him. He submits that the dispute, if any, is of civil in nature and even the same has also been put to rest and now, there is no dispute at all in between the parties. He next submits that there was no intent to commit any offence by the applicants. Further submitted that there are three cases criminal history of the applicants, which have been explained. He added that the applicants are cooperating in the investigation proceedings and even then, there is an acute apprehension that the police will arrest the applicants and as such, they may be enlarged on anticipatory bail. On the other hand, learned counsel appearing for the complainant has admitted the fact that in compliance of the order dated 02-01-2025, the applicants have executed the sale deed in favour of the complainant and the possession has also been handed over to him, but, no compensation has been given to the complainant as he is pursuing his case for considerable period of time. Learned A.G.A. appearing for the State has also supported the version of the learned counsel for the complainant, but, he does not dispute the fact that the compliance of the order dated 02-01-2025 passed by this court, has been made. Having considered the submissions of learned counsel for the parties and after perusal of material placed on record, it transpires that there was a dispute in between the parties that some sale consideration was taken from the complainant, but, no registered sale deed was executed in his favour and thus, the cheat and fraud was allegedly committed. But, at this stage, it is an admitted position that the sale deed has been executed by the applicants in favour of the complainant and the possession has also been handed over to him. So far as the issue with respect to payment of compensation to the complainant is concerned, that is not subject matter of this anticipatory bail application and if the complainant is still aggrieved, he may approach the court of civil competence for claiming the same. This court has also noticed the fact that there is no complaint that the applicants are not cooperating in the investigation proceedings and as per submission of learned counsel for the applicants that there is an acute apprehension that the police will arrest them and the applicants have undertaken that they will always cooperate with the trial proceedings. In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Smt. Alka Pandey and Manoj Pandey till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police ofÏcer as and when required; (ii) that the applicants 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 them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 5.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench