Neutral Citation No. - 2025:AHC:86265 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2141 of 2025 Applicant :- Faiyaz Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Singh,Satyawan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. As per the office report dated 17.05.2025, notice of the instant application has been served personally on the complainant. However, no one appears on behalf of the complainant nor any counter affidavit has been filed. 2. The applicants were granted interim anticipatory bail by this Court vide order dated 03.04.2025. The order is quoted herein below: "1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Complaint No.1294 of 2022, under sections 419, 420, 467, 468 I.P.C., P.S. Karaili, District Prayagraj. 3. Counsel for the applicants submits that the applicants and the informant both are claiming rights on the disputed property. The applicants have already instituted a suit in the Court of Additional Civil Judge (Jr. Division) Court No. 6, Allahabad registered as Original Suit No. 945 of 2023 (Faiyaz Khan and others vs. Mushtaq Khan) for restraining the informant from interfering in their possession. In the said suit the applicants have been granted interim injunction on 18.10.2023. The suit is still pending consideration. The complainant is contesting the proceedings. The case is purely civil in nature. The applicants have no criminal antecedents. The applicants have been summoned by the concerned court. It is next submitted that the applicants have apprehension of their arrest in the above mentioned case and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to the opposite party no.2 returnable at an early date. 6. The opposite parties are granted four weeks' time to file counter affidavit. Rejoinder, if any, may be filed within two weeks' thereafter. 7. Place this case on 21.5.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest, the applicants Faiyaz Khan, Mumtaz Ahmad Khan @ Mumtaz Khan, Imtiyaz Khan @ Imtiyaz Khan, Riyaz Ahmad @ Riyaz Khan, Azaz Ahmad @ Azaz Khan and Mohd. Siraz Khan involved in the aforesaid case crime be released on interim anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court." 3. Learned counsel for the applicants contends that pursuant to the order dated 03.04.2025 the applicants had furnished bail bonds before the court concerned. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail. It is next contended that the case is purely civil in nature. The complainant has attempted to clock it with criminal flavour only to harass the applicants. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Heard learned counsel for the applicants, Sri Anupam Anand, learned brief holder for the State and perused the material placed on record. 5. Having regard to the submissions made by learned counsel for the applicants as recorded in the order dated 03.04.2025, considering the nature of accusations and antecedents of the applicants, in particular the fact, that the applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail, the case is purely civil in nature, at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Faiyaz Khan, Mumtaz Ahmad Khan @ Mumtaz Khan, Imtiyaz Khan, Riyaz Ahmad @ Riyaz Khan, Azaz Ahmad @ Azaz Khan and Mohd Siraz Khan, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad