HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1995 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.231 of 2025 under Sections 191(2), 318 (4), 115(2), 352, 351(3), 333 BNS, 2023, Police Station Kotwali Akbarpur, District Ambedkar Nagar. Vakalatnama filed by Shri Saurabh Yadav, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and learned counsel for the complainant. In the prosecution case, the allegation is that the applicants, by committing cheating, have procured the execution of a sale deed from the husband of the complainant. Learned counsel for the applicants submits that during the course of investigation, applicant no.1 has fully cooperated. He was served with a notice under Section 35(3) of the Bharatiya Nyaya Sanhita. The charge-sheet in the present case has already been filed. The offences alleged are triable by a Magistrate. Applicant no.1 has a criminal history of one case, which has been duly explained in paragraph 31 of the bail application. Applicant no.2 has no criminal history. It is further submitted that a suit for cancellation of the sale deed, filed by opposite party no.2, is pending adjudication before the competent civil court. It is argued that only after the institution of the Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Amarjeet Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) said civil suit, the present FIR was lodged by opposite party no.2 in order to give a criminal colour to what is essentially a civil dispute. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial. Learned Addl. Government Advocate as well as learned counsel for the complainant have opposed the prayer made by applicant's counsel. Learned counsel for the complainant submits that the Will deed does not contain correct facts. The executant was suffering from pain and he died within ten days after execution of the Will due to cancer. He was not in a fit frame of mind to execute the Will. Even the contents of the Will are incorrect as in the same has stated that deceased did not have any child, while the deceased is having two minor daughters, whom the respondent No.2 his wife looking after. He further states that the Will deed first prepared and after execution was presented before the Sub-Registrar and was not executed before the Sub-Registrar. Perused the record. On due consideration of the facts that applicant no.1 has duly explained his criminal history; the charge-sheet in the present case has already been filed; the applicants have cooperated during the investigation; the veracity of the sale deed in question is sub judice in a civil suit, which is on record as Annexure-9 to the bail application; the applicants have undertaken to cooperate in the trial; and the offences alleged are punishable with imprisonment up to seven years, and in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, without entering into the merits of the case, this Court finds it appropriate to grant protection to the applicants. In view of the above, it is provided that the applicants shall surrender before the concerned court within 20 days from the date of receipt of a certified copy of this order. On such surrender, the applicants shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and he will not influence the witnesses. The applicants shall not leave India without previous NABAIL No. 1995 of 2025 2 permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 12, 2025 Madhu D.R/P.S NABAIL No. 1995 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench