P&H HC grants anticipatory bail to 2 co-accused in Jagraon land-sale cheating FIR
Sale deed and payment record already with police; no recovery to be effected from the petitioners, so custody not needed.
Published
00Background
The complainant alleged that the petitioners sold him 2 kanals of agricultural land near Jagraon while a prior agreement to sell the same land to a third party was subsisting. The FIR was registered nearly two years after the sale deed.
01Submissions
For the petitioners
The dispute is civil: the sale deed was registered, possession was delivered and the complainant has already filed a suit for declaration. The two-year delay in lodging the FIR is unexplained.
For the State
Custodial interrogation is needed to trace the balance consideration and to identify the others involved in the earlier agreement.
02Observations
The Court recorded that the sale deed, the earlier agreement and the bank entries were already in the investigating officer’s possession, and that the petitioners had joined investigation under the interim order.
“The entire case rests on documents already collected. Nothing is shown to be recoverable from the petitioners that would justify their custody.”
Order, ¶ 7 · open at p. 4
03Findings & directions
- Interim anticipatory bail granted on 21.08.2026 made absolute.
- Petitioners to join investigation as and when called and not to leave India without the trial court’s permission.
- Observations not to be treated as an expression of opinion on merits.
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