Neutral Citation No. - 2025:AHC-LKO:11570 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1679 of 2025 Applicant :- Prayag Dutt Opposite Party :- State Of U.P. Thru. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Rajesh Kumar Awasthi,Vijay Pratap Singh Counsel for Opposite Party :- G.A.,Aviral Srivastava Hon'ble Shree Prakash Singh,J. Sri Aviral Srivastava, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 483 of 2022 under sections 420, 467, 468, 471 and 120B of IPC, P.S.-Karnailganj District- Gonda. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that it has been alleged that the applicant while seducing the husband of the informant had got executed a sale deed in her favour. He also added that in fact the registered sale deed is executed by the original tenure holder in favour of the applicant with his own free will and without any undue pressure. He also submits that the registered sale deed was executed on 21.06.2022, whereas, a suit for permanent injunction was filed on 08.09.2022 and the first information report is lodged on 02.10.2022. He added that the chargesheet has been filed as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. He also added that the applicant has no criminal history as is mentioned in paragraph no. 27 of the affidavit filed in support of the bail application and he is languishing in jail since 04.01.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that since the applicant was insane mind as he had received some grievous injuries over his head and he was not in a position to execute the sale deed and therefore, the sale deed is got executed while committing cheat and fraud, thus, the applicant is not entitled for any relief. Learned A.G.A. appearing for the State has also supported the version of counsel for the complainant. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 04.01.2025; chargesheet has been filed; the applicant has no criminal history as is mentioned in paragraph no. 27 of the affidavit filed in support of the bail application; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Prayag Dutt involved in the aforementioned crime 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench