Bhanu Datt Vs State of U.P. Thru. Prin. Secy. Govt. of… — Anticipatory Bail | Allahabad HC (2025)

Bhanu Datt Vs State of U.P. Thru. Prin. Secy. Govt. of… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application finally disposed of: till submission of the police report under Section 173(2) Cr.P.C., in the event of arrest in Case Crime No.817 of 2023 the applicant is to be released forthwith on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer/Investigating Officer, subject to three conditions (availability for interrogation/discovery; no inducement, threat or promise; no leaving the country without prior permission of the Court); on default of any condition the investigating officer may approach the Court for cancellation/modification.

Issue for consideration

Whether anticipatory-bail protection from arrest should be granted to the applicant Bhanu Datt in Case Crime No.817 of 2023, in view of the parity that the alleged main perpetrators named in the FIR had already been granted anticipatory bail by this Court. +1 more

Court's answer

Prima facie, subject to evidence being led, the alleged main perpetrators indicated in the FIR (the executors of and parties to the agreements to sale) had already been granted anticipatory bail by this Court, a fact not disputed by the learned A.G.A.

Ratio / Principle

Having regard to the law laid down by the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, protection from arrest for a limited period, i.e. till submission of the police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant.

Key takeaways

Till submission of the police report under Section 173(2) Cr.P.C., in the event of arrest the applicant shall be released forthwith on anticipatory bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer/Investigating Officer, subject to the conditions imposed.ratio¶13
In case of default of any condition, the investigating officer may approach this Court for cancellation/modification of the order.ratio¶17
The aspect of whether an agreement to sale confers any title upon any party is an aspect requiring consideration (left open by the Court).

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 Cr.P.C. — Allahabad High Court, Lucknow Bench (Manish Mathur, J.), order dated 20.3.2025. FIR Case Crime No.817 of 2023, Sections 419, 420, 467, 468, 471 & 120-B IPC, P.S. Kotwali Nagar, District Gonda, concerning allegedly fraudulent agreements to sale of Gata Nos.353 & 354 said to belong to the gaon sabha; applicant Bhanu Datt indicated therein only as a marginal witness to both agreements. Since the executors of and parties to the agreements (Amit Agarwal — AB Application No.2737 of 2023; Rajmangal Mishra — AB Application No.2012 of 2024) had already been granted anticipatory bail by the same Court (a fact not disputed by the A.G.A.), and noting that whether an agreement to sale confers title was an aspect requiring consideration, and relying on Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, the Court disposed of the application directing that, till submission of the police report under Section 173(2) Cr.P.C., the applicant upon arrest be released forthwith on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the SHO/IO, subject to conditions (availability for interrogation; no inducement/threat/promise; no departure from India without leave of Court); default entitles the investigating officer to seek cancellation/modification. Previous criminal history (Case Crime No.61 of 2013; bail in AB Application No.458 of 2016) explained by supplementary affidavit dated 27.11.2024.

Neutral Citation No. - 2025:AHC-LKO:16233

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2671 of 2024 Applicant :- Bhanu Datt Opposite Party :- State Of U.P. Thru. Prin. Secy. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State and perused the record. In view of order being passed, notices to opposite party no.2 stand dispensed with. Supplementary affidavit filed today on behalf of applicant is taken on record.

First Anticipatory Bail Application has been filed with regard to Case Crime No.817 of 2023, under Sections 419, 420, 467, 468, 471 & 120-B I.PC., P.S. Kotwali Nagar, District Gonda.

It has been submitted that as per allegations levelled in the first information report, a fraudulent agreement to sale is said to have been executed with regard to Gata No.353 & 354 in the village in question with one agreement to sale being executed by one Jawahar Lal in favour of Amit Agarwal and the other being executed by one Rajmangal Mishra in favour of Ankur Agarwal. The applicant is indicated as being a marginal witness in both agreements to sale. It has also been alleged that both the properties in fact belonged to gaon sabha.

Learned counsel for applicant submits that the main gist of allegations in fact have been indicated against the executor of both agreements to sale as well as against the second party to the agreements. He has also adverted to Criminal Misc. Anticipatory Bail Application No.2737 of 2023, Amit Agarwal versus State of U.P. and Criminal Misc. Anticipatory Bail Application No.2012 of 2024, Rajmangal Mishra versus State of U.P. & Anr. to submit that both the said persons

have been granted Anticipatory Bail by this Court. He has also adverted to the supplementary affidavit dated 27.11.2024 in which previous criminal history in Case Crime No.61 of 2013 has been explained and in which the applicant has been enlarged on bail in Criminal Misc. Anticipatory Bail Application No.458 of 2016.

Learned A.G.A. has opposed anticipatory bail application but does not dispute the fact that the executor and beneficiary of the agreement to sale have in fact been granted anticipatory bail by this Court.

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie subject to evidence being led, appears that the alleged main perpetrators as indicated in the FIR have already been granted anticipatory bail by this Court as indicated hereinabove. Even otherwise, the aspect of agreement to sale conferring any title upon any party is also an aspect requiring consideration.

Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others , 2021(6) SCC 64, MANU/SC/0360/2021 , protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant.

In result, the anticipatory bail application moved by the applicant- Bhanu Datt is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicant in the above-mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:-

(1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required;

(2) 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 them from disclosing such facts to the Court or to any police officer;

(3) The applicant shall not leave the country without the previous permission of the Court.

In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order.

Order Date : - 20.3.2025 Subodh/-

Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench