Neutral Citation No. - 2025:AHC-LKO:48524 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5793 of 2025 Applicant :- Arif Anwar Hashmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya,Snigdha Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nadeem Murtaza, the learned counsel for the applicant, Sri Vinod Kumar Shahi, learned Additional Advocate General assisted by Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 21/2025, under Sections 420, 467, 468, 471 IPC & 2/3 of the Prevention of Damage to Public Property Act, 1984, Police Station Sadulla Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the concerned Lekhpal on 25.03.2025 against the applicant and his brother Maroof Anwar Hashmi stating that the applicant wrongly got certain public utility land of Gaon Sabha recorded in his name. Upon the illegality coming to light, the land has been restored as manure pit by means of an order dated 29.12.2023 passed by the Deputy Director of Consolidation. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 62 years old innocent person and he has been falsely implicated in the present case. In para 25 of the affidavit, the applicant's involvement in 13 other criminal cases has been disclosed and his involvement in 24 other cases has been disclosed in para 27 of the affidavit. The applicant has been ordered to be released on bail in 19 cases. In 11 cases, either the applicant's name is not included in the charge sheet or the Investigating Officer has submitted a closure report. One case relates to the offences under Gangster Act. 5. The learned AAG has vehemently opposed the bail application and he has submitted that while the applicant was holding the office of Member of Legislative Assembly, he had misused his possession to grab public property on the basis of forged documents. He has submitted that the commission of offence by the applicant stands established during investigation and thereafter a charge sheet has already been submitted. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged offending entry was made in the year 1990 and no action was taken by the State for restoration of the land for an unreasonably long period of time and ultimately the land has been restored as Public Utility Land by means of an order dated 29.12.2023 passed by the Deputy Director of Consolidation which order has attained the finality and presently the land is recorded as Public Utility Land belonging to Gram Sabha; the FIR has been lodged on 25.03.2025, the applicant is languishing in jail since 19.05.2025 and the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Arif Anwar Hashmi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 19.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench