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Neutral Citation No. - 2025:AHC:40785 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46224 of 2024 Applicant :- Umesh Sharma And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- Bibhuti Narayan Singh,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned counsel for the informant; learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.369 of 2022, under Sections 420, 406, 504, 506 I.P.C., P.S. Kotwali, District Maharajganj, during pendency of trial.
3. As per F.I.R. allegation, the applicant on promise to execute sale deed in favour of informant, took Rs.15,89,000/- but the applicant has not executed sale deed in favour of informant. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. The F.I.R. allegation is false, baseless and not supported by any evidence. It is a civil nature dispute.The applicants have no concern with the alleged incident. The applicants have no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 24.10.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co- operate in trial.
4. Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicants and submitted that applicants have entered into agreement that they would return the amount but they have not returned the same till date.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicants, Umesh Sharma and Mr. Patel @ Suresh @ Pramod Nishad be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad