Neutral Citation No. - 2025:AHC-LKO:41077 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6549 of 2025 Applicant :- Junaid Ahmad Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Mohd Agha Haider Rizvi,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Santosh Srivastava Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Santosh Srivastava, Advocate on behalf of the Complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Santosh Srivastava, learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.74 of 2024 under Sections 409/420/120-B Indian Penal Code, Police Station Hazratganj, District Lucknow. In the prosecution case, it is alleged that Flat No. 103, situated in Falcon Apartment, was purchased for a consideration of Rs. 32 lakh, out of which Rs. 18 lakh were transferred to the applicant by the complainant. Due to a dispute, the complainant cancelled/rejected the said flat; however, neither has he been allotted another flat nor has his money been refunded. Learned counsel for the applicant submits that the applicant is merely a contractor and not the owner of the said flats. He is not in a position to execute a sale deed in favour of the allottees/the complainant in relation to Falcon Apartment. Apart from the present case, seven other cases have been registered, all of which also pertain to Falcon Apartment. Except these cases, the applicant has no prior criminal history. It is further submitted that no case under Section 409 IPC is made out as the dispute is of civil in nature, involving the recovery of money and possession of the flat. The actual owners of the properties have not been made accused in the present case. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application; however, they do not dispute the fact that the applicant is only a contractor and not the actual owner of the property. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that, except the criminal history of seven cases which relate to Falcon Apartment the applicant has no prior criminal history of any other kind; the applicant is in jail since 06.10.2024; the charge-sheet has been filed in the matter; the offence is triable by a Magistrate; and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Junaid Ahmad Khan be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench