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2025 DAILYLAW 87472 (ALL)

SUNIL v. STATE OF U.P. AND ANOTHER

NABAIL/6764/2025 · 2025-08-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144224 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6764 of 2025 Applicant :- Sunil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar,Amar Bahadur Maurya Counsel for Opposite Party :- G.A.,Sudhanshu Pandey Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Sudhanshu Pandey, counsel for the opposite party no.2/complainant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Complaint Case No. 14581 of 2024, under sections 419, 420, 467, 468, 471, 506 of I.P.C., Police Station- Gorakhnath, District- Gorakhpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. On the basis of the sale deed executed in favour of the applicant on 15.10.2007 the applicant sold the disputed land by means of the sale deed dated 27.01.2015. The complainant has already instituted a Civil Suit in the Court of Civil Judge (J.D.), Gorakhpur registered as Suit No. 685 of 2023 (Sukhram Singh vs. Smt. Mamta Singh and others) for cancellation of the alleged sale deed dated 27.01.2015. 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. 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 anticipatory bail, he will not misuse the said liberty. 4. 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. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the complainant has already instituted a Civil Suit in the Court of Civil Judge (J.D.), Gorakhpur registered as Suit No. 685 of 2023 (Sukhram Singh vs. Smt. Mamta Singh and others) for cancellation of the alleged sale deed dated 27.01.2015; the case is purely civil in nature, at this stage, there is no substantive evidence against the applicant, the applicant has been summoned by the concerned court, 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- Sunil, 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 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 him 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 :- 21.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad