Neutral Citation No. - 2025:AHC:118804 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4002 of 2025 Applicant :- Bankey Bihari Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 291 of 2024, under Sections 420, 467, 468, 471, 504, 506, 120B I.P.C., Police Station- Vrindavan, District- Mathura. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The disputed property earlier belonged to one Girraj Singh, Omprakash and Prem Singh. They executed a registered Power of Attorney in favour of one Rohini Prashad Shukla. The said Rohini Prashad Shukla executed a registered sale deed in favour of the applicant on 11.07.2005. The informant is also raising his claim on the said property on the basis of sale deed dated 07.04.2022 executed by one Purushottam Ram Choudhary and Uma Devi. The said property was subsequently sold by the applicant to one Kavita Devi on 08.02.2023. It is next contended that the case is purely civil in nature. The appropriate remedy for the informant is to file a civil suit in the court of competent jurisdiction. The co- accused Kalicharan has been granted anticipatory bail till submission of Police report by this Court vide order dated 18.11.2024 passed in Criminal Misc. Anticipatory Bail Application No. 9997 of 2024 (Kalicharan vs. State of U.P.). The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the case is purely civil in nature, the co-accused Kalicharan has been granted anticipatory bail till submission of Police report by this Court, at this stage, there is no substantive evidence against the applicant, 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 Bankey Bihari Sharma, 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 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 :- 22.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad