HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8109 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Piyush Dubey, learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 58 of 2023 under Sections 420, 406, 120-B, 504, 506 IPC, Police Station Bamrauli Katara, District Agra with the prayer that in the event of arrest, the applicant may be released on bail.. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case. It is further submitted that the allegations pertain to some civil dispute which has been given colour of criminality. It has been submitted that offences under section 420 and 406 IPC cannot stand together in view of law laid down by Hon'ble Apex Court in 'Delhi Race Club (1940)Ltd and others vs. State of Uttar Pradesh and another', 2024 4 ACR 610. It is submitted that there is no registered agreement to sell between the applicant and the first informant. It is also submitted that market price of the land proposed to be sold is Rs. 1,25,00,000/- (Rupees One Crore Twenty Five Lakh) and the first informant is trying to purchase the same on payment of only Rs. 54,40,000/- (Rupees Fifty Four Lakh Forty Thousand). It is further submitted that a suit has been filed for mandatory injunction seeking a direction to the first informant to receive back the amount of Rs. 54,40,000/- from the applicant. It is further submitted that the applicant has criminal history of six cases to his credit which have been duly Versus Counsel for Applicant(s) : Piyush Dubey Counsel for Opposite Party(s) : G.A. Jaykishan Katara @ Jay Kishan .....Applicant(s) State of U.P. .....Opposite Party(s) explained in para 13 of the application. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. I have considered the rival submissions made by learned counsel for the parties. 6. From perusal of the record, it appears that as per the FIR, the allegation is that the applicant did not execute the sale deed after receiving the consideration amount of Rs. 54,40,000/- from the first informant. The applicant has filed a suit for mandatory injunction seeking a direction to the first informant to receive back the amount of Rs. 54,40,000/- from him. It is submitted that market price of the land proposed to be sold is Rs. 1,25,00,000/- (Rupees One Crore Twenty Five Lakh) and the first informant is trying to purchase the said land on a much lesser price, therefore, the applicant did not execute the sale deed and also there is no registered agreement to sell. The applicant has criminal history of six cases to his credit which have been duly explained in para 13 of the application. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration. 8. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is NABAIL No. 8109 of 2025 2 made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Jaykishan Katara @ Jay Kishan involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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 dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 7, 2025 Madhurima NABAIL No. 8109 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad