Neutral Citation No. - 2025:AHC:111118 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5373 of 2025 Applicant :- Jamal Haidar And Another 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 applicants and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 21 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Dashaswamedh, District Varanasi. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The case is purely civil in nature. The applicants are the witnesses of the alleged hibbanama executed on 10.04.2021. A civil suit regarding the validity of the hibbanama is pending before the court of the competent jurisdiction. During the course of investigation the applicants were granted protection till the cognizance is taken by the court upon the police report, vide order dated 15.04.2024 passed by this court in Criminal Misc. Writ Petition No. 5199 of 2024, Mohd. Faisal and others v. State of U.P. and others. The investigation has been completed. Charge-sheet has been submitted. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 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 applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the case is purely civil in nature; the applicants are the witnesses of the alleged hibbanama executed on 10.04.2021; a civil suit regarding the validity of the hibbanama is pending before the court of the competent jurisdiction; during the course of investigation the applicants were granted protection till the cognizance is taken by the court upon the police report; the investigation has been completed; 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. In the event of arrest, the applicants- Jamal Haidar and Wasir @ Mobassir Hasnain, 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. Further, 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 :- 9.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad