HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9583 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.695 of 2025, under Sections 338, 336(3), 340(2), 318(4), 352, 351(2) B.N.S., P.S.- Firozabad South, District- Firozabad, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant contends that the applicant is merely a marginal witness in the sale deed executed in favour of brother-in-law (Sala) of the applicant. The Learned counsel for the applicant contends that the applicant had filed a Writ Petition being Criminal Misc. Writ Petition No. 29339 of 2025, which was entertained by this Court and interim order was granted on 18.12.2025 and finally the writ petition was not pressed by the petitioner therein with liberty to avail appropriate remedy available under the law, after which the applicant has moved for anticipatory bail. The applicant has no criminal antecedents. 4. Learned A.G.A. has opposed the prayer for bail and has contended that the loan from the bank was taken by the brother-in-law of the applicant. Versus Counsel for Applicant(s) : Shahabuddin, Zia Uddin Counsel for Opposite Party(s) : G.A. Mustakim .....Applicant(s) State of U.P. and Another .....Opposite Party(s) The applicant had full knowledge of the loan, despite this, he has witnessed the sale of the property. He has submitted that there was a larger conspiracy at work. The applicant may not be considered for grant of anticipatory bail. Learned A.G.A. has further stated that charge-sheet against the co-accused has already been submitted and the applicant may be required for custodial interrogation. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. The applicant is not stated to be the beneficiary of the sale deed nor in any manner involved with the loan that is siad to have been taken by the brother-in-law of the applicant, Munir. Except the applicant being the marginal witness of the sale deed in question, no direct evidence has been pointed out against the applicant. Applicant has no criminal antecedents and had been granted interim protection by this Court on 18.12.2025, which continued till 29.7.2026. There is no allegation against the applicant not cooperating with the investigation or in any manner tampering with the evidence. 7. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the 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 Mustakim, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- NABAIL No. 9583 of 2026 2 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; 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. September 30, 2026 Sachin NABAIL No. 9583 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad