HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4607 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Counter affidavit filed by counsel for the informant/opposite party no.2 is taken on record. 2. Heard counsel for the applicant and Sri Imran Syed, counsel for the opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 3. The applicant was granted interim anticipatory bail vide order dated 17.6.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. Heard Sri Raja Ullah Khan, learned counsel for the applicant, Sri Imran Syed, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No.211 of 2023, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station Ganj, District- Rampur with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicant submits that as per the first information report, the allegation is of civil nature regarding the right of mutawalli in the property in dispute. It is further submitted that on earlier occasion final report has been submitted by the police thrice. It is further submitted that in the present facts and circumstances of the case, the applicant has made a good case for grant of anticipatory bail. 4. On the other hand, learned counsel for opposite party no.2 seeks time to file counter affidavit. 5. As prayed, four weeks time is granted to learned counsel for opposite party no.2 to file counter affidavit. 6. List this application on 30.07.2025. 7. Till then, in the event of arrest of the applicant- Moin Khan @ Moin Mian involved 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 not tamper with evidence and that he would appear before the Versus Counsel for Applicant(s) : Raja Ullah Khan Counsel for Opposite Party(s) : G.A., Imran Syed Moin Khan @ Moin Mian .....Applicant(s) State of U.P. and Another .....Opposite Party(s) trial Court on the date fixed unless exempted 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 8. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant." 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The opposite party no. 2 has attempted to cloak it with a criminal flavour to harass the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Pursuant to the interim order dated 17.6.2025 the applicant had furnished bail bonds before the S.H.O. concerned and had joined the investigation. Investigation is still pending. The applicant is co- operating with the investigation. The applicant has not violated any conditions or misused the liberty of anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty. 5. Learned A.G.A. and counsel for the opposite party no.2 have 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; at this stage, there is no substantive evidence to link the applicant with the offence; applicant is co-operating with the investigation. Further, 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 for anticipatory bail. 7. In the event of arrest, the applicant Moin Khan @ Moin Mian, 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 NABAIL No. 4607 of 2025 2 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 351 of B.N.S.S. 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. September 15, 2025 Manish Kr NABAIL No. 4607 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad