Neutral Citation No. - 2025:AHC-LKO:44689 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7143 of 2025 Applicant :- Intezaar Ahmad @ Mithhun Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. (Home) Lko. Counsel for Applicant :- Nadeem Murtaza,Shashank Tilhari,Wali Nawaz Khan Counsel for Opposite Party :- G.A.,Sheikh Mohammad Ali Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.14 of 2025, under Sections 351(3), 340(2), 336(3), 338, 318(4), 319(2) BNS, P.S. Jarwalroad, District Bahraich. In the prosecution case, it is alleged that accused persons built house on government land Gata No.589 which they have sold to the informant fraudulently by misusing the position of Chairman. It is alleged that accused registered land in their name with the help of accused No.1 and built a house and thereafter, sold it to the informant allegedly showing it as under abadi land. After some days, the informant received a notice from Tehsildar, Kaiserganj and subsequently, the house in question was demolished under the proceedings of Section 67 of the U.P. Revenue Code. Learned counsel for the applicant submits that prior to this F.I.R., informant filed an application earlier under Section 175 (3) BNSS against the applicant and two co-accused persons. On that application, an F.I.R. was registered and a final report was filed. He submits that the allegation made by the informant in the F.I.R. was already in her knowledge prior to 03.08.2022 as it is the informant who has challenged the recovery order passed by the Tehsildar under Section 67 of U.P. Revenue Code. He submits that offences are triable by magistrate. Applicant also submits that around 300 houses are built upon the aforesaid gata number. After the demolition of the house of the informant only with a view to exert pressure the present F.I.R. has been lodged by her. He submits that the applicant is in jail since 24.06.2025. Learned counsel for the applicant undertakes that he will advice his client to enter into a settlement with the complainant Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant further submits that the complainant is entitled to be given some compensation from the accused applicant. Perused the record. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.06.2025, applicant has explained the criminal history of 26 cases in para 39 of the bail application, investigation is going on, applicant undertakes to cooperate in the investigation, offences are triable by magistrate, undertaking given by learned counsel for the applicant that he will advice his client to enter into a settlement with the complainant 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 Intezaar Ahmad @ Mithhun be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 1.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench