High Court · 2025

2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party. Perused the material available on record.

3. The applicant was granted interim anticipatory bail vide order dated 04.03.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicants; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.333 of 2023, under Sections 420, 427 I.P.C., P.S. Khatauli Muzaffarnagar, District Muzaffarnagar, during pendency of trial.

3. Instant anticipatory bail application has filed after submission of charge-sheet and issuance of summons by the court concerned. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation alleged in the FIR prima-facie discloses civil nature dispute and applicant nos.1 and 2 are witnesses of the sale deed having no concern with the alleged incident. In case, the applicants are released on bail, he would not misuse the liberty of bail and would co-operate with the trial proceedings. Applicants have definite apprehension of his arrest by the police.

4. Learned AGA has accepted notice on behalf of opposite party no.1.

5. Issue notice to the opposite party no.2 returnable at an early dated.

6. Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

7. List this case immediately after expiry of the aforesaid period.

8. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case. 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 court concerned with the following conditions:- (i) The applicants shall make themself available on each and every date fixed by the court and shall co-operate with trial proceedings. (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 them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurized/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted."

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the marginal witnesses of the alleged sale-deed executed on 15.02.2023. No amount has been credited in the account of the applicants. The applicants are not the beneficiaries of the illicit transaction. During the course of investigation the applicants were granted benefit of Section 41A Cr.P.C. Investigation has been completed. The applicants had cooperated in the investigation. For the alleged offences the maximum punishment provided is for seven years. The applicants have no criminal antecedents. Further, pursuant to the order dated 04.03.2025 the applicants have furnished the bail bonds and are appearing before the court concerned on the dates fixed. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail.

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

6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, for the reasons contained in the interim order dated 04.03.2025 and, in particular, the fact that the applicants are the marginal witnesses of the alleged sale-deed executed on 15.02.2023; during the course of investigation the applicants were granted benefit of Section 41A Cr.P.C; the investigation has been completed and the applicants had cooperated in the investigation; for the alleged offences the maximum punishment provided is for seven years; no adverse material has been produced by the learned AGA, which may warrant any modification in the earlier order dated 04.03.2025, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants Ajay Kumar, Dalel Singh and Ramesh Chand, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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; (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 them before the concerned court.

8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 16.4.2025 SKT/- SHIVA KANT TIWARI SHIVA KANT TIWARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party. Perused the material available on record.

3. The applicant was granted interim anticipatory bail vide order dated 04.03.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicants; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.333 of 2023, under Sections 420, 427 I.P.C., P.S. Khatauli Muzaffarnagar, District Muzaffarnagar, during pendency of trial.

3. Instant anticipatory bail application has filed after submission of charge-sheet and issuance of summons by the court concerned. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation alleged in the FIR prima-facie discloses civil nature dispute and applicant nos.1 and 2 are witnesses of the sale deed having no concern with the alleged incident. In case, the applicants are released on bail, he would not misuse the liberty of bail and would co-operate with the trial proceedings. Applicants have definite apprehension of his arrest by the police.

4. Learned AGA has accepted notice on behalf of opposite party no.1.

5. Issue notice to the opposite party no.2 returnable at an early dated.

6. Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

7. List this case immediately after expiry of the aforesaid period.

8. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case. 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 court concerned with the following conditions:- (i) The applicants shall make themself available on each and every date fixed by the court and shall co-operate with trial proceedings. (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 them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurized/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted."

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the marginal witnesses of the alleged sale-deed executed on 15.02.2023. No amount has been credited in the account of the applicants. The applicants are not the beneficiaries of the illicit transaction. During the course of investigation the applicants were granted benefit of Section 41A Cr.P.C. Investigation has been completed. The applicants had cooperated in the investigation. For the alleged offences the maximum punishment provided is for seven years. The applicants have no criminal antecedents. Further, pursuant to the order dated 04.03.2025 the applicants have furnished the bail bonds and are appearing before the court concerned on the dates fixed. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail.

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

6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, for the reasons contained in the interim order dated 04.03.2025 and, in particular, the fact that the applicants are the marginal witnesses of the alleged sale-deed executed on 15.02.2023; during the course of investigation the applicants were granted benefit of Section 41A Cr.P.C; the investigation has been completed and the applicants had cooperated in the investigation; for the alleged offences the maximum punishment provided is for seven years; no adverse material has been produced by the learned AGA, which may warrant any modification in the earlier order dated 04.03.2025, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants Ajay Kumar, Dalel Singh and Ramesh Chand, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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; (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 them before the concerned court.

8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 16.4.2025 SKT/- SHIVA KANT TIWARI SHIVA KANT TIWARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad