Neutral Citation No. - 2025:AHC-LKO:49234 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7811 of 2025 Applicant :- Om Prakash @ Sukhu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Kumar Shukla, the learned counsel for the applicant as well as Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.190 of 2025, under Sections 319(2), 318(4), 337, 338, 336(3), 340(2), 352 B.N.S, registered at Police Station Kadipur, District Sultanpur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.04.2025 in furtherance of an application under section 175(3) B.N.S against two persons-(1) Kamlesh and (2) Shambhu Lal, stating that Shambhu Lal was known to the informant's son Mahendra Kumar and by his mediation, the informant/complainant had purchased a land measuring 0.1960 hectares for Rs. 8 Lakhs from the applicant on 16.01.2024. Although, the sale consideration mentioned in the sale deed was merely Rs. 5 Lakhs. The land was mutated in favour of the complainant. When the complainant went to secure possession of the land purchased by the applicant, one Kapil Dev resisted claiming himself to be owner of the land. Thereupon, the complainant came to know that the sale deed consideration executed by some imposter was executed on sale deed of the land in favour of its real owner and demanded refund of the money from the seller Kamlesh @ Kapil Dev. 4. During investigation, the informant gave a statement reiterating the F.I.R version. 5. In the statement of the informant's son Mahendra Kumar, he stated that the applicant- Om Prakash @ Sukhu and Kishan were involved with the main accused Kamlesh in a conspiracy for commission of the offence. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 29.05.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that F.I.R has been lodged in furtherance of an application under section 175(3) B.N.S and the applicant is not named either in the application or in the F.I.R; that the applicant is not named in the statement of the informant also and his name has been surfaced for the time in the statement of the informant's son, who merely stated about the applicant's involvement in a conspiracy of commission of the offence, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 23.05.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Om Prakash @ Sukhu be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (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. (Subhash Vidyarthi,J.) Order Date :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench