HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8447 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ram Milan Yadav, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. for the State and perused the records. 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 BNS, registered at Police Station Kadipur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.04.2025 against the applicant and Shambhu Lal in furtherance of an application under Section 175(3) BNSS stating that the applicant applicant had executed a sale deed in favour of the complainant for a sale consideration of Rs.8,00,000/-, although the consideration shown in the sale deed was Rs.5,00,000/-. Later on, it transpired that the land belongs to someone else and the applicant was merely an impostor. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that a civil litigation is pending regarding the title of the property in dispute and that a co-accused Om Prakash @ Sukhu has been granted by means of an order dated 21.08.2025 passed by this Court in Bail Application No.7811 of 2025. 6. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 29.05.2025. He has further submitted Versus Counsel for Applicant(s) : Ram Milan Yadav, Om Prakash Yadav Counsel for Opposite Party(s) : G.A. Kamlesh @ Kapil Dev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) that the role assigned to Om Prakash @ Sukhu who has been granted bail, was merely involved in the conspiracy whereas the applicant has himself committed the offence by executing the sale deed. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a suit regarding title of the property in dispute is pending before the competent court; that the complainant has lodged the F.I.R. after the applicant did not refund the sale consideration inspite of her demand and she has not instituted any civil proceedings for recovery of the alleged consideration or for cancellation of the sale deed; that the applicant has no criminal history and he is languishing in jail since 25.05.2025 whereas the investigation already stands concluded and the co-accused has already been granted bail, 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 - Kamlesh @ Kapil Dev - 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:- (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. September 9, 2025 S. Shivhare BAIL No. 8447 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench