Neutral Citation No. - 2025:AHC-LKO:42543 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3402 of 2025 Applicant :- Aakash Agrawal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Singh,Pramod Kumar Pandey,Raghvendra Singh,Sanjay Kumar Verma Counsel for Opposite Party :- G.A.,Imran Asim Khan,Jagriti Bardhan Rao,Vivek Pandey Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.165 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2) of BNS, P.S. Kotwali Nagar, District Gonda. In the prosecution case it is alleged that sale deed was prepared by Akash Agrawal, the applicant and purchaser Arvind Kumar Mishra after receiving Rs.78,00,000/-. It is further alleged that in front of Shivakar Mishra, the thumb impression and signatures were put by Akash Agrawal on the sale deed. It is alleged that on the pretext of putting Rs.48,00,000/- in the house Akash Agrawal went away with the money however, did not return neither executed the sale deed. Learned counsel for applicant submits that offences are triable by magistrate. He submits that a suit for specific performance has been filed by the complainant on 24.10.2024. The sale agreement was prepared on 26.09.2024. The civil suit is pending. In the civil suit, there is no whisper of any forgery committed by the applicant. The criminal case via F.I.R. has been lodged on 05.03.225 only to exert pressure as civil suit may take time. He submits that the dispute is purely civil in nature and is sought to be given criminal colour. Applicant has explained the criminal history in paragraph nos.16, 17 and 18 of the bail application. He submits that the applicant is in jail since 17.03.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer however, they could not dispute that prior to the F.I.R., the suit for specific performance was filed. Perused the record. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.03.2025, offences are triable by magistrate, charge- sheet has been filed, a suit for specific performance was filed on 26.09.2024 whereas the F.I.R. came to be lodged on 05.03.2025 prima facie case for bail is made out and, therefore, without expressing any opinion on merits of the case, the bail application is allowed. Let the applicant-Aakash Agrawal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant 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 Panel Code (now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 24.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench