Anticipatory bail can be granted when a petitioner demonstrates innocence and possibility of false implications.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in A.B.P. No.1430 of 2025, in connection with Chandauti PS. Case No.90 of 2025 dated. 06.03.2025, registered for the offences punishable under Sections 223 , 338, 336(3), 340(2), and 3(5) of the B.N.S., 2023 .

3. As per allegation, some parcel of the government land is being taken into illegal possession and being sold by the

4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that he has never taken any land of the Government in possession nor sold it to anybody. As a matter of fact, the Petitioner has lodged one Complaint against the Revenue Karamchari, who is the informant herein and the Circle Officer and as a vengeance they have lodged this false case against the petitioner to harass.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner no.1 have been made accused in three other cases and the Petitioner No.2 have been made accused in five other cases.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with A.B.P. No.1430 of 2025, in connection with Chandauti PS. Case No.90 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the (Jitendra Kumar, J.)