Swami Nath Tiwari vs State of U.P. Thru. Prin. Secy. Home Lko and Another

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Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 87 of 2025 Applicant :- Swami Nath Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 258 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Gonda.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He submits that there is a civil dispute in between the parties with respect to a sale-deed and concealing the same, the First Information Report has been lodged after 6 years. He added that that the land in question is mutated in favour of the applicant on the basis of alleged disputed sale-deed and a Civil Suit for cancellation of sale-deed is also pending since 2017. He next added that this is the best example of a civil dispute which is given the colour of criminality by way of lodging the First Information Report. In support of his contentions, he has placed reliance on a Judgment of the Apex Court rendered in the case of Syed Yaseer Ibrahim Vs. State of U.P. and another; Criminal Appeal No. 295 of 2022 (Arising out of SLP(Crl.) No. 7955 of 2021) decided on 28-02-2022. Referring the aforesaid, he submits that the case of the present applicant is squarely covered with the ratio of Judgment aforesaid. He next added that the applicant is co-operating with the investigating proceeding and there is no ample evidence against him. He next submits that there is an acute apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing cheat and fraud and as such, he is not entitled for any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the matter relates to civil in nature which is given the colour of

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criminality; the FIR has been lodged after a long gap of 6 years; a civil Suit for cancellation of sale-deed is pending since 2017; there is no ample evidence against the applicant and the applicant is ready to appear before the Investigating Officer as and when required, this Court finds it to be a fit case for grant of interim anticipatory bail.

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Accordingly, till the next date of listing, the present applicant- Swami Nath Tiwari , shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week. If the steps are taken, the office shall proceed accordingly.

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List/put up this matter in the third week of February, 2025.

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In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits.

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Order Date :- 21.1.2025/kkv/

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

Swami Nath Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Swami Nath Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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