HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8530 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Wali Nawaz Khan, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State and Shri Prashant Chaurasia, learned counsel for the complainant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.3 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 an F.I.R. lodged on 02.01.2025 for the offences under Section 406, 420 I.P.C. against 5 persons, including the applicant, stating that the complainant had entered into an agreement for purchasing a plot of land measuring 1000 sq. ft. Acqumen Leasing and Infrastate Pvt. Ltd., of which the applicant is the Director, on 26.10.2013 but no land was transferred to her. 4. 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. The applicant's involvement in 14 other criminal cases has been disclosed in the affidavit, in one of which the Investigating Officer has submitted a closure report, in 2 cases the applicant has been granted anticipatory bail and rest of the cases are similar in nature. 5. Learned A.G.A. has opposed the bail application and he has submitted that the investigation in the matter is still going on. 6. The learned counsel for the complainant has also opposed the bail 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. Addl. Chief Secy./Prin. Secy. Home Lko. .....Opposite Party(s) application and he has submitted that the affidavit filed in support of the bail application is defective inasmuch as, the deponent has claimed that she is the housewife whereas she is a Director of the company. He has further submitted that it has wrongly been stated in the affidavit that no suit for cancellation of the sale deed has been filed whereas no sale deed has been executed. 7. The affidavit has been filed by the applicant's wife whereas the applicant is languishing in jail, therefore, in case of any defect in affidavit filed by any other person except the applicant, the applicant can not be made to suffer 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that from the F.I.R. averments, it appears that the informant had entered into an agreement for purchasing an immovable property worth Rs.6,41,330/- but it appears that no registered agreement was entered into between the parties; that the informant has complained about non return of the money paid by her and it appears that the complainant had not instituted any civil proceedings for return of the money and that the dispute appears to be of civil in nature regarding which 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 in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Vijay Kumar @ Vijay Kumar Tiwari 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. 8530 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench