Anil Kumar Dubey vs State of U.P. Thru. Prin. Chief Secy. Deptt. Home and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1842 of 2025

Anil Kumar Dubey

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Chief Secy. Deptt. Home And Another .....Opposite Party(s) Counsel for Applicant(s) : Dharm Raj Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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Vakalatnama filed by Shri Pankaj Verma, Advocate on behalf of the opposite party no.2 is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 490 of 2024, under Sections 419, 420, 467, 468, 504, 506, 471 and Section 120-B Indian Penal Code, Police Station Tarabganj, District Gonda.

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In the prosecution case, the allegation is that the applicant, in connivance with the co-accused persons, while hatching a conspiracy, has sold the land belonging to the complainant and has facilitated the sale of the land to the co-accused persons. It is further alleged that upon the complainant raising objection, he has been threatened.

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The submission of learned counsel for the applicant is that the applicant is not the executor of the sale deed; he is only a marginal witness. It is further submitted that the executors of the sale deed Nisha Tiwari and Valmiki have already been granted regular bail by the Sessions Judge, Gonda, vide order dated 29.09.2025 passed in Bail Application No. 2141 of 2025.

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Learned counsel for the complainant has drawn the attention of the Court towards the order passed by the Consolidation Officer in Suit

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NABAIL No. 1842 of 2025

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2

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No. 74 of 2021–22 under Rule 109 Ka (1), Ram Pratap alias Ram Prasad vs. State, dated 19.01.2022.

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The next submission is that against this order, an appeal has been filed by the seller, Nisha Tiwari. It is submitted that a questionnaire regarding the pendency of the appeal before the S.O.C. is already on record.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

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Learned A.G.A. has opposed the anticipatory bail prayer of the applicant.

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Perused the record.

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Considering the fact that the applicant is only a marginal witness; a civil dispute is pending before the Consolidation Authorities between the parties; both parties are making rival claims regarding the title of the property; coupled with the fact that the offence is triable by a Magistrate and the undertaking given by the applicant that he will cooperate in the investigation, this Court is of the considered opinion that the applicant is entitled to be granted interim anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall report to the investigating officer within twenty days' from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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List this case on 16.01.2026.

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NABAIL No. 1842 of 2025

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3

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Objections be filed by the respondent within four weeks. November 27, 2025 Madhu D.R/P.S

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(Karunesh Singh Pawar,J.)