Allahabad High Court
Abdul Muttalib vs State Of U.P. Thru. Prin. Secy. Lko. And ... on 10 July, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:39369 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 813 of 2025 Applicant :- Abdul Muttalib Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Dharmendra Pratap Singh,Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
The present bail application has been filed seeking anticipatory bail in case crime No.146/2025, under Sections 319(2), 318(4), 338, 340(2), 329(3) BNS, P.S. Colonel Ganj, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
In the prosecution case it is alleged that land Gata No.665 Minzumla /1.068 hectare which is Non-ZA land having sub-merged in the water. Out of that 0.065 hectare was allegedly purchased by the applicant from Ramnath by committing forgery and the same has been sold. A notice was also issued by the Tehsildar Colonelganj, gonda to the applicant however, he has ignored the notice and did not appear.
Learned counsel for the applicant submits that he purchased the said land in the year 2000 from one Ramnath at that time this part of land was not recorded as category-5. The remaining land was category-5 land. It is also submitted that applicant has not sold his land rather he entered into an agreement and that has been considered as selling of the land. The proceedings before the Sub-Divisional Officer, Colonelganj under Section 38(1) of the U.P. Revenue Code, 2006 is pending. He also submits that Writ Petition No.367 of 2024 (Dalbeer Singh and others vs. State of U.P. and others) was filed before this Court which was decided on 19.01.2024.
Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. He submits that proceedings under Section 82 Cr.P.C. has been initiated against the applicant.
Learned counsel for the applicant further submits that he will cooperate in the investigation. Applicant has no criminal history.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the fact that the proceedings under Section 82 Cr.P.C. is not an absolute bar in entertaining the anticipatory bail application considering the judgment passed by Hon'ble Supreme Court in the case of Asha Dubey vs. State of Madhya Pradesh ; Criminal Appeal 4564 of 2024 so also considering the pending civil litigations regarding the property in question, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
In view of the above, it is provided that in the event of arrest, the applicant-Abdul Muttalib shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
(1) The applicant shall report to the Investigating Officer within twenty days from today. The applicant shall cooperate in the investigation and he will not influence the witnesses.
(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicant shall not leave India without previous permission of the Court.
(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
The application stands allowed.
Order Date :- 10.7.2025 Saurabh Yadav/-