HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8036 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Vimal Kumar Pandey, learned counsel for the applicant and Sri Radhey Shyam 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. 445 of 2023 under Sections 419, 420, 406, 506, 323 IPC, Police Station Sevrahi, District Kushi Nagar with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is submitted that as per the FIR there are general and omnibus allegations against the applicant that he entered into an agreement with the first informant for making the sale of a property, which was entered in the revenue record on the basis of forged papers. It is submitted that transaction of Rs. 9,38,000/- as cash is said to have taken place between them. It is further submitted after investigation chargesheet under Sections 420 and 406 has also been submitted and the offence in the said sections cannot stand together in view of the law laid down by Hon'ble Apex Court in Delhi Race Club (1940)Ltd and others vs. State of Uttar Pradesh and another, 2024 4 ACR 610. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been Versus Counsel for Applicant(s) : Abhishek Bhardwaj, Vimal Kumar Pandey Counsel for Opposite Party(s) : G.A. Pradeep Jaiswal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the applicant has received Rs. 9,38,000/0 from the first informant fraudulently. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the allegation against the applicant is that he received Rs. 9,38,000/- from the first informant on the premise of executing a sale deed of a land which was entered into in the revenue record on the basis of forged papers. Initially the FIR has been lodged under Sections 419, 420, 406, 467, 468, 471, 323, 506 IPC but after investigation chargesheet under Sections 419, 420, 406, 506, 323 IPC has been submitted. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Pradeep Jaiswal involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the NABAIL No. 8036 of 2025 2 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 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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 13, 2025 Abhishek NABAIL No. 8036 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad