Neutral Citation No. - 2025:AHC:71575 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1743 of 2025 Applicant :- Hari Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.,Kanhaiya Lal Tiwari Hon'ble Vivek Varma,J. 1. Counter affidavit, filed by counsel for the informant, is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.230 of 2024, under sections 419, 420, 467, 468, 471 I.P.C., P.S. Harraiya, District Basti. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is claiming rights on the disputed property on the basis of will deed dated 12.2.2004, whereas the informant is claiming rights on the basis of legal heir of deceased Chandra Prakash. The veracity of the will deed dated 12.2.2004 is yet to be tested by the civil court. At present there is no substantive evidence to establish that the alleged will deed was forged and manipulated. It is next contended that the applicant has already instituted a civil suit in the court of Civil Judge (Jr. Division) Basti numbered as Original Suit No. 825 of 2023 (Hari Prasad vs. Smt. Patan Devi and others) for cancellation of gift deed dated 27.7.2023 instituted by the informant in favour of the Smt. Deoki Devi. The informant as well as the other defendants are contesting the said proceedings. Pursuant to the earlier order dated 3.3.2025 the applicant had joined the investigation. Investigation has been completed. The applicant had cooperated in the investigation. The charge- sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the concerned Court. It is next submitted that the case is purely civil in nature and the informant has attempted to cloak it with a criminal flavour to harass the applicant. The applicant has no criminal antecedents. It is next submitted that in case the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the case is purely civil in nature; at present there is no substantive evidence to establish that the alleged will deed was forged and manipulated, the fact that the applicant has already instituted a civil suit in the court of Civil Judge (Jr. Division) Basti numbered as Original Suit No. 825 of 2023 (Hari Prasad vs. Smt. Patan Devi and others) for cancellation of gift deed dated 27.7.2023 instituted by the informant in favour of the Smt. Deoki Devi; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Hari Shankar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by his before the concerned court. 8. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 5.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad