HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1695 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.327 of 2025 under Section 3(5), 329(4), 331(3), 352, 351(3) BNS, Police Station Mallawan, District Hardoi. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that the complainant owns some shops situated at Raghopur intersection, where goods and furniture belonging to him were kept in two of his shops. It is alleged that on 08/09/2025, the named accused persons, along with four to five unknown persons, broke open the locks of the complainant’s shops by cutting the latch with a cutter. They are alleged to have removed and thrown out the goods belonging to the complainant and kept their own goods inside the shops after forcibly occupying them. It is further alleged that the accused persons vandalized the said shops and took away certain articles belonging to the complainant. investigation was taken up by the concerned Investigating Officer. Learned counsel for the applicant submits that the applicant has Versus Counsel for Applicant(s) : Ajai Kumar Singh, Rifat Naaz, Shobhit Singh Counsel for Opposite Party(s): G.A. Rajendra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) been falsely implicated in the present case. It is stated that in respect of the same incident, another FIR has already been registered, which has been brought on record as Annexure-3 to the bail application. It is further submitted that one-third of the property, including the shop in question, belongs to Anil Kumar, cousin brother of the applicant. Smt. Sudha Devi, wife of the applicant, got one-third share of the property transferred in her favour through a registered sale deed and has been in possession thereof since October 2023. Owing to this grudge, the complainant has illegally taken possession of the said property, which is the subject matter of the sale deed. The learned counsel contends that the alleged offence is punishable with imprisonment up to seven years. However, there is a genuine apprehension of arrest as the Investigating Officer has already arrested three personsnamely, Akash, Ankush, and Ankit arbitrarily, thereby compelling the applicant to approach this Court. It is further submitted that the applicant has no criminal history. The allegations in both FIRs are false, which is evident from the CCTV footage available on record. It is also submitted that no incident took place on 8.9.2025 as alleged; rather, the occurrence took place on 10.9.2025, wherein the family members of the applicant were assaulted by the informant’s side, and the applicant himself sustained injuries. The injury reports have been filed as Annexure- 5 to the bail application. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. On due consideration of the facts that the applicant is aged about NABAIL No. 1695 of 2025 2 70 years, the offence alleged is triable by a Magistrate, the applicant has no criminal antecedents, and in view of the undertaking given on his behalf to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 12, 2025 Madhu D.R/P.S NABAIL No. 1695 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench