Neutral Citation No. - 2025:AHC:115503 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5614 of 2025 Applicant :- Mohd. Faisal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 21 of 2024, under section 419, 420, 467, 468, 471, 323, 506 I.P.C., P.S. Dashaswamedh, District Varanasi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is the brother of the informant. 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. A civil suit regarding the validity of the hibbanama is pending before the court of competent jurisdiction. During the course of investigation the applicant was granted protection till the cognizance is taken by the concerned court upon submission of police report under Section 173(2) Cr.P.C. vide order dated 15.04.2024 passed in Criminal Misc. Writ Petition No. 5199 of 2024. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted on anticipatory bail, he 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 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; a civil suit regarding the validity of the hibbanama is pending before the court of competent jurisdiction; during the course of investigation the applicant was granted protection till the cognizance is taken by the concerned court, the fact that 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. 6. In the event of arrest, the applicant Mohd. Faisal 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 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. 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 :- 17.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad