Neutral Citation No. - 2025:AHC-LKO:30063 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4442 of 2025 Applicant :- Mahaveer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rahul Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 64 of 2015, under section 419, 420, 467, 468, 471, 120-B IPC & Section 2/3 Prevention of Damage to Public Property Act, Police Station Dhaurahra, District Lakhimpur Kheri. 3. As per contents of FIR, the Lekhpal concerned is said to have made fraudulent entries in revenue records pertaining to plot no. 1093 which although being a pond was recorded as abadi and allotments of various persons including applicant were made. 4. Learned counsel for the applicant submits that the accused- applicant has been falsely implicated in the present case. Admittedly, plot no. 1093 is a pond. Applicant was never in possession over the aforesaid plot. After the death of the grandfather of the applicant, his name was mutated in the revenue records. Some 'lekhpal' has entered the plot no.1093 in the 'khatauni'. It is further submitted that after the orders of the District Magistrate, Lakhimpur Kheri dated 19.01.2015, DDC Sitapur at Lakhimpur Kheri has deleted all the entries and revenue records have also been corrected. The Lekhpal concerned, Ram Gopal has already been enlarged on bail by this Court in Bail Application No. 10547 of 2020 and other allotees such as Saroj Kumar and Pawan Kumar have also been enlarged on bail by this Court in Bail Application 1736 of 2018. It is further submitted that accused-applicant is not a beneficiary who is languishing in jail since 21.04.2025. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant. 6. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that incorrect entries in the revenue records have allegedly been made by the Lekhpal concerned who has already been enlarged on bail as indicated hereinabove. This Court finds parity in the case of applicant with the other allottees such as Saroj Kumar Kumar who has already been enlarged on bail as indicated hereinabove. Applicant does not have any previous criminal history. 7. Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail. 8. Let the accused/applicant Mahaveer, involved in Case Crime No.64/2015, under sections 419, 420, 467, 468, 471, 120 B IPC and Section 2/3 Public Premises Damage Removal Act, Police Station Dhaurahra, District Kheri, be released on bail subject to the following conditions. (i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.- (a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) 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. (iii). The applicant shall cooperate with investigation /trial. (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, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi). In case, the applicant misuse the liberty of bail during trial 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (vii). The applicants shall remain present, 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 21.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench