Anticipatory bail not granted; civil nature of dispute acknowledged.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 05-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with complaint Case no. 1191 of 2024 instituted for the offence under Sections 323 , 341, 354, 406, 420, 467, 504, 506/34 of the Indian Penal Code .

3. Allegation against the accused persons is that, in collusion and connivance with each other, they executed a sale deed in favour of the complainant with respect to one katha of land. The said sale deed was executed by accused nos. 1 and 2, while accused no. 3 attested the same. It is further alleged that, on the very same day, accused no. 1 executed another sale deed in respect of the aforesaid property and sold land worth Rs. 1,50,000/- to one Amresh Kumar Singh. When the complainant visited the land, the co-sharers informed her that the accused persons had only 08 dhur share in the property. On being confronted, the accused persons initially agreed to return the amount but sought some time. However, on 03.05.2024, when the complainant went to their house, they allegedly assaulted her and extended threats to kill her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence whatsoever. It is contended that the petitioners, being vendors of the land, acted in good faith, and the dispute regarding measurement has arisen only due to differences among their agnates. It has been stated in paragraph 3 of the petition that the petitioners have no criminal antecedents.

5. Learned counsel for the petitioners fairly submits that process under Section 82 Cr.P.C. has already been issued against the petitioners.

6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail and submits that in view of the issuance of process under Section 82 Cr.P.C., the present anticipatory bail application is not maintainable.

7. Having considered the submissions of the parties and taking note of the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

The prayer for anticipatory bail is, accordingly, rejected.

8. Since the dispute appears to be purely civil in nature and the offences alleged are punishable with imprisonment of less than seven years, the petitioners are at liberty to surrender before learned court below and pray for regular bail, which shall be considered by the court below, preferably on the same day, in accordance with law.

9. Accordingly, the instant application stands disposed of.

(S. B. Pd. Singh, J)