HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2326 of 2026 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Umesh Kumar Tripathi, learned counsel for the applicant, Shri 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.130 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station Garautha, District Jhansi, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant is not named in the first information report and the applicant is neither the vendor nor any witness of the alleged sale deed which is said to have been executed fraudulently. It is further submitted that co-accused Rohit Dubey has already been granted anticipatory bail by this Court vide order dated 17.12.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.10079 of 2025. It is further submitted that the cheque for the consideration amount was deposited in the bank account of the applicant and subsequently, the said amount was withdrawn by other co-accused persons. It is further submitted that the consideration amount has been credited to the bank account of the applicant and he has distributed to the said amount between all the accused persons, including himself. It is also submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as Versus Counsel for Applicant(s) : Umesh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Kapil Sonakiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and when required by the investigating agency or Court. It has been 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. 5. Applicant is not named in the first information report and the applicant is neither the vendor nor any witness of the alleged sale deed which is said to have been executed fraudulently. Co-accused Rohit Dubey has already been granted anticipatory bail by this Court vide order dated 17.12.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.10079 of 2025. It is further submitted that the cheque for the consideration amount was deposited in the bank account of the applicant and subsequently, the said amount was withdrawn by other co- accused persons. It is also submitted that the applicant is having no criminal history. 6. 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, 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. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Kapil Sonakiya involved in the aforesaid case crime shall be released on anticipatory bail on his 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 NABAIL No. 2326 of 2026 2 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 co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10. 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. March 19, 2026 RKM NABAIL No. 2326 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad