Allahabad HC Grants Anticipatory Bail Till Trial To Man Not Named In FIR In Alleged Forged-Land-Document Case After Chargesheet Filed

The application arose from Case Crime No. 244 of 2017, initially registered against 11 persons for offences including cheating and forgery concerning land claimed by Maharaja Anant Narayan Singh.

The applicant was not named in the FIR, and the informant did not implicate him in his statement.

The applicant was subsequently chargesheeted; the investigation was complete, cognizance had been taken, and his arrest had earlier been stayed.

The prosecution case was based on documentary evidence, and there was no allegation that the applicant had failed to cooperate with the investigation.

The applicant sought anticipatory bail under Section 482 BNSS.

Section 482 BNSS provides the basis for seeking anticipatory bail.

The Court relied on Hitesh Umeshbhai Mashru v. State of Gujarat (2025 INSC 246), Musheer Alam v. State of Uttar Pradesh, Mahdoom Bawa v. Central Bureau of Investigation, and Aman Preet Singh v. CBI, which support protection from arrest or release on bail where investigation is complete, a chargesheet has been filed, and custody was not required during investigation, subject to the circumstances of the case and appropriate conditions.

In particular, Aman Preet Singh states that an accused not arrested during investigation should not ordinarily be taken into custody merely because a chargesheet has been filed; the court should generally issue summons, with warrants requiring reasons in the circumstances identified there.

The Court found that the applicant was not named in the FIR, the investigation had concluded, the chargesheet had been filed, and the case rested on documentary evidence.

It also noted the absence of any allegation that the applicant had failed to cooperate and found no need for custodial interrogation.

Applying the cited authorities to these circumstances, and considering the nature of the accusation and the applicant’s role, the Court concluded that anticipatory bail was appropriate without expressing any view on the merits.

The applicant must cooperate with the trial, attend when required, refrain from influencing persons acquainted with the facts, and not leave India without prior court permission.

The prosecution, Investigating Officer, or complainant may seek cancellation of bail in the event of default or misuse of its conditions.