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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9384 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 240 of 2025, under Sections 318(4), 338, 352, 351(2), 351(3), 61(2) of BNS, P.S. Raksa, District Jhansi, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case.
3. Learned counsel for the applicant has contended that the applicant is not the vendee of the sale deed in dispute. Allegation is that in the garb of purchasing one plot from the informant, two plots were purchased and the second registry was with respect to the adjacent plot to the one, which was actually sold. Learned counsel for the applicant stated that the applicant is stated to be the person who had introduced the informant to the co accused in whose favour a sale deed was executed by the informant. It is further contended that two registered sale deeds have been executed, one sale deed is being admitted by the informant himself and the other sale deed, which was supposedly executed by defrauding the informant and telling him that it was on account of a server mal-function, has no concern with the applicant. The applicant has no criminal antecedent. Versus Counsel for Applicant(s) : Ashok Kumar Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Balvant Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned AGA has opposed the prayer for bail and has contended that the applicant is the primary accused. He was the one who had introduced the informant to the co accused and by feigning a server outage, two sale deeds instead of one sale deed were executed. Only Rs. 3,50,000/- were paid towards the sale
consideration.
5. I have considered the submissions made by the Learned counsels for the parties.
6. There is no material to indicate that the sale deed in question has been challenged before any Civil Court.
7. Taking note of the entire facts and circumstances of the case, in the prima facie opinion of the court, no offence is made out against the applicant. The FIR has been lodged with delay on an application under Section 173(4) BNSS. I deem it appropriate to enlarge applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicant- Balvant Kushwaha, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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. that the applicant shall not leave India without the previous permission of the Court;
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iv. that the applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. October 1, 2026 RavindraKSingh NABAIL No. 9384 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad