HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1884 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in FIR, No.335 of 2024 under Sections 319(2), 318(4), 338, 336(3), 340(2) BNS, Police Station Kotwali Nagar, District Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. Notices to respondent no.2 is dispensed with in view of the proposed order. The FIR in this case has been registered on the basis of an application submitted by one Pankaj Awasthi on the Sampoorna Samadhan Diwas, seeking the imposition of the Gangster Act against Uttam Singh. Accordingly, an inquiry committee was constituted to investigate the complaints mentioned in the petition. During the inquiry, it was revealed that 21 registered sale deeds were executed regarding the land of Navin Parti. Learned counsel for the applicant submits that out of the 20 sale deeds, none of the deeds executed by the applicant bear his Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) name. After one year of the registration of the FIR, the name of the applicant has surfaced only in the statement of Ramesh Singh, who has alleged that government land was sold by the applicant to him. It is categorically mentioned in the bail application that the applicant has not sold any land to Ramesh Singh. Specific details in this regard have been pleaded in paragraph 4 of the supplementary affidavit. It is submitted that the dispute is purely civil in nature. It is submitted that even the complainant has not taken the name of the applicant. For the last one year, the Investigating Officer has not been able to verify the veracity of the statement of Ramesh Singh, and without any basis, the applicant has been made accused solely on the statement of Ramesh Singh. It is further submitted that the applicant has no criminal history. Learned counsel for the applicant further submits that if the applicant is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned A.G.A. has opposed the bail application and submits that proceedings under Section 84 BNSS have been initiated against the applicant. In reply, learned counsel for the applicant has relied upon the judgment of Hon'ble Supreme Court in Asha Dubey vs. The State of Madhya Pradesh passed in Criminal Appeal No. 4564 of 2024. Perused the record. On due consideration of the fact that except the statement of Ramesh Singh, prima facie there appears to be no material against the applicant; the applicant has no criminal history; the offences are triable by a Magistrate; the complainant nor any other prosecution witness has taken his name during the investigation; and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the NABAIL No. 1884 of 2025 2 applicant deserves to be released on anticipatory bail in 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 twenty 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. December 8, 2025 Madhu D.R/P.S NABAIL No. 1884 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench