HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1176 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.1018 of 2023, under Sections 420, 467, 468, 471, 504, 506 I.P.C. (now sections 318, 338, 336, 340, 352, 351 BNS), registered at Police Station- Kotwali Nagar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.12.2023, in furtherance to an application under Section 156(3) Cr.P.C., against six persons, including the applicant, stating that the complainant had purchased 1/3 share of land of Shabbir Ali son of Moosae on 23.06.1978 and a sale deed in respect of his remaining 2/3 share was executed by Rajjab Ali son of Moosae and Maasook Ali son of Moharram Ali and Amina wife of Moharram Ali on 29.03.1978. The applicants' name was mutated in the revenue records but the name of Sabbir Ali also continued to be recorded in the Khatauni and co-accused persons Laik Khan and Firoz Khan, who are sons of Sabbir Ali son of Moosae, got executed two sale deeds with the Jafar Versus Counsel for Applicant(s) : Amit Pandey, Manish Barnwal, Shailendra Dwivedi Counsel for Opposite Party(s) : G.A. Firoz Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Raza Vaheed which was registered on 16.02.2023. 4. It is submitted on behalf of the applicant that the applicant is a seller. The dispute is primarily civil in nature. Civil suit is pending adjudication before the court of competent jurisdiction. The co-accused Vaheed and another have been granted anticipatory bail vide order dated 18.9.2025 passed in Anticipatory bail No.1042 of 2025. 5. The learned A.G.A. has opposed the prayer for bail. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that civil suit is pending adjudication regarding the dispute, the co-accused, named above, has been granted protection, the applicant has no criminal history, charge sheet has been filed, during investigation, the applicant has cooperated and he was not arrested and the judgment in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, the applicant shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. ABAIL No. 1176 of 2025 2 (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. October 28, 2025 kkb/ ABAIL No. 1176 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench