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Neutral Citation No. - 2025:AHC:20612 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44916 of 2024 Applicant :- Pramod Choudhary Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Satendra Kumar, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicant and Sri S.S. Pandey, learned A.G.A. for the State-opposite party, and Sri Satendra Kumar, learned counsel for the informant. 3. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 456 of 2023, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Sadar Bazar, District Saharanpur during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is bona fide purchaser of a different parcel of land by a sale-deed dated
09.06.2023. The applicant has no concern with the land which belongs to the informant. The case is purely civil in nature. The criminal history of the applicant has been explained in Paragraph- 29 of the affidavit. The applicant is in jail since 05.10.2024 and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the case is purely civil in nature and the applicant is bona fide purchaser of a different parcel of land by a sale-deed dated 09.06.2023. Moreover, the applicant has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7.
7. Let the applicant- Pramod Choudhary, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. 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 :- 13.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad