Neutral Citation No. - 2025:AHC-LKO:43192 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6862 of 2025 Applicant :- Sudhanshu Upadhyay Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Dharm Raj Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Susheel Kumar Singh, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No. 92 of 2025, under Sections 190, 191(2), 115(2), 351(3), 352, 318(4), 338, 336(3), 340(2), and 61(2) of the Bharatiya Nyaya Sanhita (BNS), registered at Police Station Itiyathok, District Gonda. In the prosecution case it is alleged that on the basis of application given under Section 173(4) BNSS and consequential order dated 1.4.2025 the F.I.R. came to be registered. It is further alleged that the land of the deceased Sheshram, who is stated to be the father of the complainant, has been mutated in the revenue records by the accused applicant through cheating and forgery. It is also alleged that the applicant has provided a copy of an unregistered will deed dated 13.08.2023 to the Investigating Officer. Learned counsel for the applicant has invited the attention of this Court to the enquiry conducted by the Circle Officer, Sadar, District Gonda, in the year 1985, wherein it has come on record that, on the basis of the will deed, a mutation case bearing No. 3561 of 2024, titled Sudhanshu Upadhyaya vs. Sheshram and Others, was filed by the applicant. In the said case, a mutation order was passed on 05.08.2024 on the basis of statements made by the villagers. Against the said order, a recall application has been filed by the complainant. The complainant has also instituted Case No. 10375 of 2024, claiming herself to be the successor of the deceased. Both the cases have been clubbed and are presently pending adjudication before the Court of Additional Tehsildar (Judicial), Gonda. It has further come in the report of the Circle Officer that, based on the statements of the villagers, the alleged incident of assault and beating between the parties on 14.11.2024 has been found to be baseless. It is further submitted that the applicant has no criminal antecedents. He is in jail since 23.06.2025. The offences alleged are triable by a Magistrate. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the injured person received four injuries on his body; however, the injuries are simple in nature. Learned counsel for the complainant has submitted that the applicant has suppressed material facts and has not approached the Court with clean hands. He submits that the applicant has already filed Criminal Misc. Writ Petition No. 4512 of 2025, Sudhanshu Upadhyay vs. State of U.P. and Others, in which an order was passed on 29.05.2025, recording the applicant’s undertaking that his rights shall be decided by the appropriate court. In rebuttal, learned counsel for the applicant submits that specific pleadings to this effect have been made in paragraph 32 of the bail application, and there is no concealment on the part of the applicant. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 23.6.2025; he has no criminal antecedents, the offence is triable by Magistrate, the report of Circle Officer dated 19.2.2025 and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Sudhanshu Upadhayay 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 :- 28.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench