Vishal Dhaneja vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Vishal Dhaneja vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail protection granted (final decision pending): release on arrest on personal bond and two sureties of like amount to the satisfaction of IO/S.H.O.; report to IO within seven days of certified copy; IO to enlarge applicant; conditions of cooperation, no witness influence, no departure from India without Court permission. Notice issued to respondent No.2; learned A.G.A. to file objections/counter affidavit; matter listed for 21.1.2026.

Issue for consideration

Whether anticipatory bail protection should be granted to applicant Vishal Dhaneja in case crime No.335 of 2024 under sections 319(2), 318(4), 338, 336(3), 340(2) BNS. +1 more

Court's answer

As interim protection, in the event of arrest the applicant shall be released on interim anticipatory bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O.

Ratio / Principle

Protection was granted considering that the applicant has no criminal history, the offences are triable by Magistrate, the undertaking to cooperate in the investigation, perusal of the record, and the judgment in Sushila Aggarwal, without entering into the merits of the case.

Key takeaways

The applicant shall report to the investigating officer within seven days from receipt of a certified copy of the order, and the investigating officer shall enlarge him on anticipatory bail as directed.ratio¶23
Conditions imposed: the applicant shall cooperate in the investigation, shall not influence witnesses, and shall not leave India without previous permission of the Court; in case of default the investigating agency may proceed in accordance with law or move for vacation of the order.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail application under S.482 BNSS (NABAIL No.1968 of 2025) by Vishal Dhaneja in case crime No.335 of 2024, P.S. Kotwali Nagar, district Sitapur, under sections 319(2), 318(4), 338, 336(3), 340(2) BNS, following allegation that part of gata No.56 (registered as Naveen parti) was sold by him. Counsel urged pendency of a second appeal before the Board of Revenue regarding gata No.156 (next date 12.1.2026) and that the sale deed allegedly executed in connivance with Uttam Singh is the sole evidence; the State pointed to pending Section 84 BNSS proceedings, met by reliance on Asha Dubey versus State of M.P. 2024 SCC OnLine SC 5633. Granting interim protection without entering the merits, the Court relied on the absence of criminal history, the offences being triable by Magistrate, the undertaking to cooperate, and Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1: release on arrest on personal bond and two sureties of like amount; report to IO within seven days; cooperation; no influence on witnesses; no departure from India without permission. Notice issued to respondent No.2; A.G.A. to file objections/counter affidavit; matter listed for 21.1.2026. Coram: Karunesh Singh Pawar, J. Decided December 16, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1968 of 2025

Vishal Dhaneja

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Manoj Kumar Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.335 of 2024 under sections 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Kotwali Nagar, district Sitapur.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. It is alleged in the prosecution case that during physical verification/enquiry, it was found that a part of gata No.56 which is registered as Naveen parti has been sold by the accused applicant Vishal Dhaneja.

4. Learned counsel for the applicant submits that regarding status of gata No.156, already an interim order that the nature of the land in question shall be subject to outcome of final decision given by the Board of Revenue has been passed in the second appeal filed by father of the applicant. The second appeal is still pending and 12.1.2026 is the next date fixed. It is submitted that the only evidence against the applicant in the entire prosecution case is that the applicant in connivance with Uttam Singh has executed sale deed regarding gata No.156. There is no other evidence against the applicant.

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

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. He, however, submits that proceedings under Section 84 BNSS have been initiated against the applicant.

To this, applicant's counsel submits that it cannot be a bar to grant protection to the applicant. In this context, he has relied on Asha Dubey versus State of M.P. 2024 SCC OnLine SC 5633.

6. Issue notice to respondent No.2.

7. List on 21.1.2026. In the meantime, learned A.G.A. shall file objections/counter affidavit.

8. Considering the above aspects of the matter, the fact that the applicant has no criminal history, the offences are triable by Magistrate, the undertaking given on behalf of the applicant that he will cooperate in the investigation, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

9. In view of the above, as an interim protection, 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 investigating officer/S.H.O.

The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above.

10. The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court.

In case of default, it would be open for the investigating agency to

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proceed in accordance with law/ to move application for vacation of this order.

(Karunesh Singh Pawar,J.)

December 16, 2025 kkb/

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