HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7918 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Virendra Kumar Shukla, learned counsel for the applicant, Sri Mayank Sinha, learned Additional Government Advocate for the State and perused the records. 2. Supplementary affidavit filed today in court is taken on record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2025, under Sections 409, 420, 504 I.P.C., registered at Police Station Mohanlalganj, District Lucknow. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.04.2025 stating that the applicant had purchased a plot of land measuring 1250 square feet from H.K. Infravision Pvt. Ltd. on 20.05.2019 but the possession of the land was not delivered to the informant. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 22 other criminal cases has been disclosed in para 16 of the affidavit filed in support of the bail application. The applicant's involvement in 37 other criminal cases has been disclosed in para 3 of the supplementary affidavit, all of which are of similar nature. The applicant has been ordered to be released on bail in eight criminal cases. A copy of the sale deed has been annexed with the supplementary affidavit wherein it is recorded that the purchaser has been handed over the possession of the land in question. The learned counsel for the applicant has submitted that as per the law laid down by Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. Vs. State of Uttar Pradesh & Anr: (2024) 10 SCC 690 a person cannot be prosecuted for the offences under Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Pramod Kumar Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Section 406 and 420 I.P.C. simultaneously. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed on 20.05.2019 and it is recorded therein that the possession of the land has already been delivered to the purchaser; that the F.I.R. has been lodged on 13.04.2025 alleging non-delivery of possession and no civil proceeding for recovery of possession has been instituted and that the applicant has already been granted bail in 8 cases of similar nature and coupled with the fact that the applicant is languishing in jail since 16.06.2025 and without making any observation, which may affect the merits of the case, 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 crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Pramod Kumar Upadhyay be released on bail in the aforesaid 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:- (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, unless his appearance is exempted by the learned trial court. August 25, 2025 Ram. BAIL No. 7918 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench