Neutral Citation No. - 2025:AHC-LKO:25579 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8202 of 2024 Applicant :- Ranjeet Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Indra Pratap Singh,Sandeep Kumar Counsel for Opposite Party :- G.A.,Bhalendu Pandey,Shailendra Yadav,Virendra Kumar Mishra Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. On 26.03.2025 it had been directed that bail application would be decided on merits on the next date even in absence of learned counsel for complainant. Despite specific directions being passed, no one has put in appearance on behalf of complainant. 3. This first bail application has been filed with regard to Case Crime No.277 of 2023, under Sections 34, 120B, 386, 388, 406, 420 IPC, P.S.-Nagram, District Lucknow. 4. As per contents of FIR, allegation levelled is that the applicant along with co-accused has failed to execute the sale deed in favour of informant despite receiving the consideration for sale. 5. It has been submitted that the applicant has falsely been implicated in the charges levelled against him and it is evident from perusal of FIR itself clearly indicates an unnecessary criminal colour being sought to be given to purely civil dispute. It is submitted that suit for specific performance has subsequently been filed against the applicant. It is submitted that the applicant is under incarceration since 03.06.2024 without any previous criminal history. 6. Learned A.G.A. has opposed bail application with the submission that a part of sale consideration was transmitted into account of the applicant whereafter he has failed to execute the sale deed. It is however admitted that the applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that primary gist of allegation levelled in the FIR is with regard to non execution of sale deed despite the advance payment being made. The aspect of criminal colour being sought to be given to civil dispute would require consideration. The applicant is under incarceration since 03.06.2024 without any previous criminal history. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. 9. Accordingly bail application is allowed. 10. Let applicant, Ranjeet Kumar involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) 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 Penal Code. (iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. 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 :- 2.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench