Neutral Citation No. - 2025:AHC:33822 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42727 of 2024 Applicant :- Aslam Shah Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Himanshu Mishra Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and Sri Himanshu Mishra, counsel for the informant. Perused the record. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 385 of 2024, under Sections 323, 504, 506, 420, 467, 468, 471 I.P.C., Police Station- Virndavan, District- Mathura during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant as well as the informant both, are claiming rights on the disputed property. A registered agreement to sell has been executed by the applicant along with the other co-accused in favour of one Girish Kumar Agrawal. No sale deed till date has been executed in favour of Girish Kumar Agrawal. The case is purely civil in nature. The informant has attempted to cloak it with a criminal flavour to harass the applicant. In the alleged incident, the informant has not received any injury. No injury report is available on the case diary. Vague and general allegation has been levelled against the applicant. The criminal history of the applicant has been explained in para 14 of the bail application. Identically placed co-accused Rajesh Shah has been granted bail by this Court vide order dated 8.1.2025 passed in Criminal Misc. Bail Application No. 46712 of 2024. The applicant is in jail since 6.9.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant as well as the informant both, are claiming rights on the disputed property. No sale deed was executed in favour of Girish Kumar Agrawal by the applicant. The case is purely civil in nature. No medical report of the injured is available on the case diary. Vague and general allegation has been levelled against the applicant. Identically placed co-accused Rajesh Shah has been granted bail by this Court. Further the applicant has presently remained confined for more than six months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Aslam Shah involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad