HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1996 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, Sri Rao Narendra Singh, learned A.G.A. for the State and Sri Mohd. Haroon, Advocate, who has filed his power today on behalf of opposite party no.2, which is taken on record. This second anticipatory bail application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0093 of 2025, under Sections 61(2), 318(4), 319(2), 338, 336(3) and 340(2) of B.N.S, 2023, registered at Police Station - Wazirganj, District - Lucknow. First anticipatory bail application was rejected by this Court, vide order dated 28.11.2025, with liberty to file fresh. It is the case of the applicant that as per the FIR, the complainant Mohd Abdul Mujeeb S/o Abdul Wahid R/o 462/20 Ramganj, Police Station - Hussainabad, District - Lucknow had fixed a deal for Rs 4 lakh to purchase a piece of land measuring 1000 sq. ft. situated at Gendkhana Ward- Hussainabad, District - Lucknow from his real brother Rafi Khan S/o Abdul Wahid R/o Ramganj, Police Station - Hussainabad, District - Lucknow, in lieu of which the applicant gave Rs 2 lakh as advance through cheque to Rafi and executed an agreement to sell on 14.07.2023, which is registered before the Sub-Registrar-II, Lucknow on Page 1/12 of Book No. 1, Volume No. 26999 at number 6747, which is currently effective. Rafi Khan's wife Tahrim Beg. daughter Faiza, sons Tariq Khan Versus Counsel for Applicant(s) : Abhishek Mishra, Samanvya Dhar Dwivedi, Tarun Tiwari Counsel for Opposite Party(s) : G.A. Mohammad Rais .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) and Yasir Rafi, in connivance with Rafi Khan, prepared a forged and fake death certificate of Rafi and sold the above mentioned plot of land in question to Akbar Ahmed Khan S/o Shamshad Ahmed Khan, R/o Flat No. 6 Abdul Aziz Road, Akbari Gate Kaleem Tawar Aphonia Madrasa Chowk, Lucknow and Azhar Khan, S/o Shamshad Khan R/o 401/16 G Abdul Aziz Road, Akbari Gate Chowk, Lucknow, in a conspiracy on 22.07.2024, which is registered before the Sub-Registrar-V, Lucknow on page nos. 15 to 28 of Book No. 1, Volume No. 16604, Sl. No. 7576. In the above fraud and conspiracy, Rafi Khan, Tahrim, Tariq Khan, Faiza, Yasir, Akbar Ahmed Khan, Azhar Khan and witnesses of the sale deed Mohd. Rais and Jamal Ashraf Khan, being aware of the registered agreement to sale in favour of the complainant, have fraudulently sold the property and usurped the money of the complainant, due to which the complainant remained mentally disturbed. Learned counsel for the applicant has submitted that the applicant has not committed act of forgery regarding death certificate, therefore, the offense of forgery is not made out. He has further submitted that that the applicant is ready to cooperate in the investigation and he should be granted anticipatory bail in the case. On the other hand, Sri Rao Narendra Singh, learned A.G.A. for the State has brought on record the instructions dated 17.12.2025 given by Investigating Officer, Police Station - Wazirganj, District - Lucknow wherein he has stated that the applicant is not cooperating in the investigation. Sri Mohd. Haroon, Advocate, learned counsel for opposite party no.2 has submitted that the applicant is real brother of Rafiq and certainly he was aware of the developments and he became witness in the sale deed of the land of his brother Rafiq, who was purportedly shown to be dead and wife of Rafiq namely Tehsreem Beg executed sale deed. He has further submitted that the applicant is also involved in commission of crime, therefore, his applicable is liable to be rejected. Having considered the aforesaid facts and circumstances of the case, I do not find it is a fit case for granting anticipatory bail. NABAIL No. 1996 of 2025 2 Accordingly, the application is rejected. December 18, 2025 Mohit Singh/- NABAIL No. 1996 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench