Neutral Citation No. - 2025:AHC:132463 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2280 of 2025 Applicant :- Tahir Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lokesh Kumar,Rahul Gaur Counsel for Opposite Party :- Anand Shanker Mishra,G.A. Hon'ble Vivek Varma,J. 1. Case called out in the revised list. Learned counsel for the complainant is not present. 2. Heard learned counsel for the applicant and Sri Rajshekhar Srivastava, learned A.G.A. for the State- opposite party. Perused the material available on record. 3. The applicant was granted interim anticipatory bail vide order dated 24.03.2025 passed by this Court. The order is quoted herein below: "1. The instant application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Complaint Case No. 1891/9 of 2019, under Section 420 I.P.C., Police Station Kairana, District Shamli, pending in the court of the Chief Judicial Magistrate, Shamli. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The applicant and the complainant both are claiming rights on the disputed property. Civil Suit has also been instituted by the complainant with regard to the same property and is pending before the court of competent jurisdiction. The applicant has not forged or manipulated any document. The applicant has no criminal antecedents. The applicant has been summoned by the court concerned. The applicant has apprehension of his arrest in the above mentioned case. 3. Matter requires consideration. 4. Learned A.G.A. has accepted notice on behalf of the State- opposite party no. 1. 5. Issue notice to the opposite party no. 2. 6. The opposite parties are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 7. Place this case on 05.05.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Tahir Hasan in the aforesaid case crime shall be released on interim anticipatory bail on his 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 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 him 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 him before the concerned court. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 4. Learned counsel for the applicant submits that the case is purely civil in nature. The necessary ingredients to constitute the offence under Section 420 I.P.C. are not made out. Pursuant to the order dated 24.03.2025 the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, 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, considering the nature of accusations, antecedents of the applicant and the fact that the case is purely civil in nature; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, 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- Tahir Hasan, involved in Complaint Case No. 1891/9/2019, under Section 420 I.P.C., Police Station Kairana, District Shamli, 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 him before the concerned court. 8. Further, 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 :- 1.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad