High Court

"Heard learned counsel for the applicants and learned AGA for the State. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Bhoori Singh and Vinod Kumar, in Case Crime No.- 367 of 2024, under Sections- 420, 467, 468, 471 IPC, Police Station- Jasrana, District- Firozabad. Issue notice to opposite party No.2 returnable within four weeks. Put up this case on 14.7.2025 as a fresh case before appropriate Court. In the meantime, learned A.G.A. may also file counter affidavit. Till then, in the event of arrest, the applicants shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned Court with the following conditions:- (i) The applicants shall make themselves available for interrogation by the police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P. concerned. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants. The applicants are directed to produce a certified copy of this order of this Court before the S.S.P./S.P./C.P./A.C.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order."

2. Counter affidavit filed by learned A.G.A. is taken on record.

3. Heard counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record.

4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. Earlier on 26.8.2013 the sale deed of the disputed land was executed by the father and mother of the applicants in favour of the informant. Father of the applicants died on 01.01.2023. The applicants had no knowledge regarding the execution of the sale deed dated 26.8.2013. The names of the applicants were duly mutated in the revenue records. On 08.11.2023 they executed the sale deed in favour of one Mamta Devi. The applicants had no intention to cheat the informant. The informant has already filed a civil suit in the court of Civil Judge (Junior Division), Shikohabad, Firozabad for cancellation of sale deed dated 18.11.2023. The plaint of said suit is annexed as Annexure-7 along with the paper-book. The instant prosecution has been instituted only to cause further embarrassment. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.

5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the names of the applicants were duly mutated in the revenue records at the time of execution of the sale deed; the father of the applicants died on 01.01.2023; the informant has already filed a civil suit in the court of Civil Judge (Junior Division), Shikohabad, Firozabad for cancellation of the subsequent sale deed dated 18.11.2023; at this stage, there is no substantive evidence to link the applicants with the offence. Further, no violation of the conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned A.G.A.; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

8. In the event of arrest, the applicants- Bhoori Singh and Vinod Kumar be released on anticipatory bail in Case Crime No.- 367 of 2024, under Sections- 420, 467, 468, 471 IPC, Police Station- Jasrana, District- Firozabad, till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing fresh personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, before the S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

11. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

12. The application stands disposed of. Order Date :- 14.7.2025 Manish Kr

"Heard learned counsel for the applicants and learned AGA for the State. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Bhoori Singh and Vinod Kumar, in Case Crime No.- 367 of 2024, under Sections- 420, 467, 468, 471 IPC, Police Station- Jasrana, District- Firozabad. Issue notice to opposite party No.2 returnable within four weeks. Put up this case on 14.7.2025 as a fresh case before appropriate Court. In the meantime, learned A.G.A. may also file counter affidavit. Till then, in the event of arrest, the applicants shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned Court with the following conditions:- (i) The applicants shall make themselves available for interrogation by the police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P. concerned. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants. The applicants are directed to produce a certified copy of this order of this Court before the S.S.P./S.P./C.P./A.C.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order."

2. Counter affidavit filed by learned A.G.A. is taken on record.

3. Heard counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record.

4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. Earlier on 26.8.2013 the sale deed of the disputed land was executed by the father and mother of the applicants in favour of the informant. Father of the applicants died on 01.01.2023. The applicants had no knowledge regarding the execution of the sale deed dated 26.8.2013. The names of the applicants were duly mutated in the revenue records. On 08.11.2023 they executed the sale deed in favour of one Mamta Devi. The applicants had no intention to cheat the informant. The informant has already filed a civil suit in the court of Civil Judge (Junior Division), Shikohabad, Firozabad for cancellation of sale deed dated 18.11.2023. The plaint of said suit is annexed as Annexure-7 along with the paper-book. The instant prosecution has been instituted only to cause further embarrassment. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.

5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the names of the applicants were duly mutated in the revenue records at the time of execution of the sale deed; the father of the applicants died on 01.01.2023; the informant has already filed a civil suit in the court of Civil Judge (Junior Division), Shikohabad, Firozabad for cancellation of the subsequent sale deed dated 18.11.2023; at this stage, there is no substantive evidence to link the applicants with the offence. Further, no violation of the conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned A.G.A.; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

8. In the event of arrest, the applicants- Bhoori Singh and Vinod Kumar be released on anticipatory bail in Case Crime No.- 367 of 2024, under Sections- 420, 467, 468, 471 IPC, Police Station- Jasrana, District- Firozabad, till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing fresh personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, before the S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

11. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

12. The application stands disposed of. Order Date :- 14.7.2025 Manish Kr