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Neutral Citation No. - 2025:AHC:125725 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3280 of 2025 Applicant :- Preetam Singh And 5 Others Opposite Party :- State of U.P. Counsel for Applicant :- Divyanshu Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case No. 1859 of 2023 arising out of Case Crime No.177 of 2022, under section 147, 323, 504, 427, 352 and 379 I.P.C., P.S. Manjhanpur, District Kaushambi. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants and the informant both are claiming rights on the disputed land. The applicants have already instituted a suit in the court of Civil Judge (Junior Division) Kaushambi registered as Suit No. 326 of 2022 (Rajesh Singh and others vs. Krishna Dev Mishra and others) for restraining the informant from interfering in their possession of the disputed land. In counter blast to the said proceedings, the instant prosecution has been instituted. Case is purely civil in nature. Investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that case is purely civil in nature, the applicants have already instituted a suit in the court of Civil Judge (Junior Division) Kaushambi for
restraining the informant from interfering in their possession of the disputed land, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicants Preetam Singh, Koyal Singh @ Anurag Singh, Rajesh Singh, Shivkesh Singh, Yuvraj Singh, Dileep Singh, 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 and every 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 :- 29.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad