HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9080 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Sumit Kumar Srivastava and Shri Anuj Dayal, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State and Shri Sudhanshu S. Tripathi, the learned counsel for the victim. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.707 of 2023 under Sections 447/420/467/468/471/120-B of I.P.C. and 3/4 of Damage to Public Property Act registered at Police Station- Gangaghat, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 29.11.2023 against 13 persons, including the applicant, stating that some properties of persons accused in a case under Section 2/3 of U.P. Gangster Act bearing Case Crime No.283 of 2020 had been attached but thereafter no synix/notice board was found on the spot. It transpired that some accused persons have executed sale deeds in respect of the attached properties. 4. The allegation against the applicant is of having sold away a part of the attached land. Versus Counsel for Applicant(s) : Srees Kumar Srivastava, Anand Mani Tripathi, Anuj Dayal, Sumit Kumar Srivastava Counsel for Opposite Party(s): G.A., Raghav Bansal, Ritwika Tripathi, Sudhanshu S. Tripathi, Ritwik Girja Shankar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And .....Opposite Party(s) 5. A similar allegation was levelled against a co-accused person- Veerendra Kumar, who has been anticipatory granted bail in the present case by means of an order dated 10.06.2025 passed by a Session Judge, Unnao. 6. The applicant is languishing in jail since 17.12.2023. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 7. The applicant's involvement in 13 other criminal cases has been disclosed in para-20 of the affidavit filed in support of the bail application, in 9 of which the applicant has been granted bail, in one case the applicant stands acquitted, in one case the Investigating Officer has submitted a final report and in one case, the applicant has not been included in the charge-sheet. 8. Learned AGA and the learned counsel of victim have vehemently opposed the bail application and they have submitted that keeping in view the long criminal history of the applicant, he should not be released on bail. However, they could not dispute the fact that the applicant is languishing in jail since 17.12.2023, investigation stands concluded long ago but the trial has not yet commenced. 9. Keeping in view the aforesaid facts, specifically the long incarceration of the applicant without commencement of the trial and the fact that a co-accused against whom similar allegations have been levelled has been granted anticipatory bail by the Session Court whereas the applicant continues to languish in jail since 17.12.2023, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Girja Shankar Mishra be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- BAIL No. 9080 of 2024 2 (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. August 28, 2025 -Amit K- BAIL No. 9080 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench