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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9709 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, Shri Shamim Uddin Khan, Learned counsel appearing for the informant 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.299 of 2024 under Sections 318(4), 338, 336(3), 340(2) 351(2) & 61(2) B.N.S. Police Station Nagina, District Bijnor, 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 allegation is that a fake sale deed was executed by an impostor in favour of the father of the applicant. On coming to know regarding the person executing the sale deed being an impostor, the father of the applicant filed a civil suit for cancellation of his own sale deed being O.S. No.1169 of 2024 in the Court of Civil Judge (Junior Division), Nagina, Bijnor. In the present matter, the final report was submitted in favour of the applicant but a further investigation was ordered and in the further investigation the only evidence collected against the applicant is of transferring Rs.1,00,000/- through his mobile number to the said impostor who had executed the sale deed. The applicant has no criminal antecedents. 4. Learned counsel for the informant and the learned A.G.A. have opposed the prayer for anticipatory bail. Learned counsel for the Versus Counsel for Applicant(s) : Mithilesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Haidar Abbas .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
informant has submitted that the applicant is the primary accused and he is a direct beneficiary of the sale deed in question. Learned counsel for the informant could not deny the fact that the father of the applicant has filed a civil suit for cancellation of the sale deed. Learned A.G.A. could not point out any criminal antecedents of the applicant. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant has no criminal antecedents. The applicant is not the direct beneficiary of the sale deed in question.
Even the vendee of the sale deed, who is the father of the applicant, has filed a civil suit for the cancellation of the deed supposedly on coming to know that the same had been executed by an impostor. Mere transfer of money to the account of the said vendor by the son of the vendee would not necessarily incriminate the applicant. 7. Taking note of the entire facts and circumstances of the case and also the fact that a charge sheet has now been submitted and the applicant is no longer required for any custodial interrogation, I deem it appropriate to grant anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. The applicant -Haidar Abbas shall appear before the trial Court within four weeks from today and shall be released on bail on filing his personal bond and surety to the satisfaction of the Court concerned with the following conditions:- i. The applicant shall remain present before the trial Court on each date fixed unless exempted by the trial Court; 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 from disclosing such facts to the Court or to any police officer; iii. The applicant shall not leave India without the previous permission of NABAIL No. 9709 of 2026 2
the Court; iv. 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 18, 2026 A. Pandey NABAIL No. 9709 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad