Neutral Citation No. - 2025:AHC:105930 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4867 of 2025 Applicant :- Birendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal Counsel for Opposite Party :- G.A.,Rajendra Kumar Tripathi Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant as well as Sri P. K. Tripathi, learned A.G.A. for the State and Sri Rajendra Kumar Tripathi, counsel for the opposite party no.2. Perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.352 of 2024, under sections 323, 504, 506, 427, 384, 447, 420, 467, 468, 471 and 120-B I.P.C., P.S. Sen Pachim Para, District Kanpur Nagar. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The disputed Arazi was purchased by the applicant from the co- accused Deen Dayal Gupta. The applicant and co-accused Birendra Singh Yadav have already filed a civil suit. In the said suit the informant is also one of the defendants. The co-accused Birendra Singh Yadav has also lodged a first information report against the informant registered as Case Crime No. 0327 of 2024, under Sections 147, 323, 504, 506, 387, 392 I.P.C., P.S. Sen Paschim, District Dakshini (Commissionerate Kanpur Nagar). The instant prosecution has been instituted only for the purposes harassment. 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. It is contended that co-accused Deen Dayal Gupta has been granted anticipatory bail by this Court vide order dated 3.7.2025 passed in Criminal Misc. Anticipatory Bail Application No. 5233 of 2025. The criminal history of the applicant has been explained in para 4 to 16 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned AGA for the State 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 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 Deen Dayal Gupta has been granted anticipatory bail by this Court, 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 Birendra 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 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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency 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 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 :- 7.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad