The predominantly civil nature of a dispute and the lack of previous criminal history of the applicant can be considered in granting anticipatory bail.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Amrendra Nath Tripathi, the learned counsel for the applicant as well as Sri Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 645 of 2017, under Sections 420, 467, 468, 471, 504 and 506 IPC, Police Station Kotwali Nagar, District Barabanki.

3. The aforesaid case has been registered on the basis of an FIR lodged on 19.07.2017 against the applicant and one Om Prakash, stating that the informant had purchased a piece of agricultural land jointly with the applicant. Thereafter, use of the land was converted to residential, plots were carved out and 16 sale deeds were executed in favour of different persons and merely 0.042 hectare land remained, which was owned by the informant and the applicant both jointly. The informant has alleged that as against the balance land of 0.042 hectare, the applicant has wrongly executed sale deed in respect of 0.060 hectare land in favour of two other persons.

4. In the affidavit filed in support of the application, it has been contended that the applicant is innocent, he has been falsely implicated in the present case and that he has no previous criminal history.

5. Regular Suit Nos. 636 of 2017 and 637 of 2017 have been filed by the informant Ranjit Yadav for cancellation of the sale deeds, regarding which the FIR has been filed.

6. The applicant had filed Writ Petition No. 21047 (M/B) of 2017 seeking quashing of the FIR and the writ petition was disposed of by means of an order dated 07.09.2017 staying his arrest till submission of police report under Section 173(2) Cr.P.C. After submission of the charge sheet, the accused persons filed an application under Section 482 Cr.P.C. No. 2799 of 2019 and the proceedings were stayed by means of an order dated 01.07.2019 and the matter was referred to Mediation and Conciliation Centre of this Court. The mediation could not result any settlement between the parties and the application under Section 482 Cr.P.C. was disposed of by means of an order dated 10.08.2022. Thereafter, non-bailable warrant and proclamation under Section 482 Cr.P.C. were issued simultaneously, which were challenged by the applicant by filing application under Section 482 Cr.P.C. No. 5998 of 2023 which was dismissed by means of an order dated 17.07.2023. Thereafter the applicant has filed anticipatory bail application.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant was carrying out business of sale of residential plots with the applicant and the FIR has been filed when a dispute occurred regarding execution of two sale deeds, after 16 sale deeds having been executed by them jointly; that the informant has already filed two civil suits for cancellation of the sale deeds; that the dispute between the parties appears to be predominantly of civil nature; that it has been sated in the affidavit that the informant himself has executed a sale deed on 25.05.2017 in respect of 0.017 hectare, prima-facie, indicating that the informant is also acting in the manner from which he is aggrieved and that the applicant has no previous criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/appearance of applicant-Mata Prasad Yadav before the learned Trial Court in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of SHO/Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i) That the app