Neutral Citation No. - 2025:AHC:27092 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3026 of 2025 Applicant :- Vijay Kumar Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Akash Tomar, Advocate has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Supplementary affidavit filed by the counsel for the applicant, is also taken on record. 3. Heard learned counsel for the applicant, Sri Akash Tomar, learned counsel for the informant as well as Sri V.P. Tripathi, learned AGA for the State-respondent and perused the record. 4. 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. 135 of 2024, under Sections 420, 406, 467, 468, 427, 120-B IPC, Police Station Afzalgarh, District Bijnor, during the pendency of trial. 5. Counsel for the applicant submits that the co-accused Anirudh Agarwal and the informant belongs to the same family. The co- accused Anirudh Agarwal and the informant both are claiming rights on the disputed property. The alleged property was sold by co-accused Anirudh Agarwal in favour of Ayushi Agarwal. The applicant is the marginal witness of the said sale deed. The applicant had only identified the co-accused Anirudh Agarwal. The co-accused Anirudh Agarwal has been granted interim anticipatory bail by this Court vide order dated 28.08.2024 passed in Criminal Misc. Anticipatory Bail Application No. 7528 of 2024 (Anirudh Agarwal Vs. State of U.P. and another). It is contended that the case is purely civil in nature. The charge sheet has been filed. Further, during the pendency of the proceedings, the co-accused Anirudh Agarwal and the informant have entered into a settlement. Copy of the settlement deed has been annexed as Annexure-SA8 to the supplementary affidavit. Criminal history of the applicant has been explained in para 68 of the bail application. The applicant is in jail since 26.10.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 6. Sri Akash Toman, learned counsel for the informant does not dispute the submission raised by the counsel for the applicant. He submits that he has no objection if bail is granted to the applicant. 7. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 8. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant is the witness of the alleged sale deed. The co-accused Anirudh Agarwal has been granted interim anticipatory bail by this Court. The dispute between the parties is purely civil in nature. During the pendency of the proceedings, the co-accused Anirudh Agarwal and the informant have entered into a settlement. The applicant has remained confined for more than three 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 delay the trial 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. 9. Let the applicant Vijay Kumar Agrawal, 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 the 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; (iii) shall not pressurize the prosecution witnesses. 10. 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 :- 27.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad