HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8198 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Wali Nawaz Khan, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, the learned A.G.A.-I for the State and Sri Devesh Kumar, Advocate who has filed his Vakalatnama on behalf of the complainant is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 17 of 2025, under Sections 409, 420 I.P.C., registered at Police Station Aashiyana, District Lucknow Central (Commissionerate Lucknow). 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 14.01.2025 against five persons, including the applicant, stating that the informant had purchased two plots of land from Acumen Leasing and Infra Pvt. Ltd. and Wamen Infra Built Pvt. Ltd. through sale deeds dated 12.01.2021 and 06.12.2022 but possession of land was not handed over to the purchasers. Copies of both the sale deeds have been annexed with the affidavit filed in support of the bail application and it is stated in both the sale deeds that possession of the land has been delivered to the purchasers. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 14 other criminal cases has been disclosed in para 17 of the bail application, all of which are similar in nature and the applicant has Versus Counsel for Applicant(s) : Wali Nawaz Khan, Gauri Suwan Pandey Counsel for Opposite Party(s): G.A. Vijay Kumar @ Vijay Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. .....Opposite Party(s) been ordered to be released on bail in one case and in two cases, he has been released on anticipatory bail. The applicant's involvement in one case under Section 302 I.P.C, in which a closure report has been submitted. 5. The learned A.G.A.-I has opposed the bail application and he has submitted that the investigation in the present case is still going on. 6. The learned counsel for the complainant has vehemently opposed the bail application and he has submitted that it is not a matter of non delivery of possession of merely two plots and the applicant is involved in numerous other cases which shows that he has duped large number of persons. He further stated that although initially the F.I.R was lodged under sections 406 and 420 I.P.C, subsequently the sections have been changed to 409 and 420 I.P.C. 7. In Delhi Race Club (1940) Ltd. vs. State of U.P, the Hon'ble Supreme Court has held that the person cannot be prosecuted for offences of cheating and merely breach of trust simultaneously. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges non delivery of possession of two plots of land purchased on 12.01.2021 and 06.01.2022 whereas the F.I.R has been lodged on 14.01.2025; that both the sale deeds states that possession of the land has already been delivered to purchasers; that the disputes appears to be essentially of a civil in nature and no civil proceedings have been instituted by the complainant and that the applicant is languishing in jail since 16.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Vijay Kumar @ Vijay Kumar Tiwari 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; BAIL No. 8198 of 2025 2 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 3, 2025 Preeti. September 3, 2025 Preeti. BAIL No. 8198 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench