HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8776 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the informant had purchased a residential plot from H.K. Infra vision Pvt. Lted. in his name on a consideration sum of Rs.19,80,000/- and a registered sale deed was executed on 20.4.2022. However, three years have passed, till date, possession of the plot has not been given nor the money taken by the accused applicant has been returned to the informant. therefore, it appears that on the basis of forged documents, registered sale deed has been executed in favour of the informant. It is further alleged that the co- accused Vinod Kumar Upadhyay gave three cheques to the informant which have been dishonoured. 3.Learned counsel for the applicant submits that the dispute is primarily of civil nature. The informant is aggrieved by not getting the possession of the plot of land. While lodging the first information report the informant is not sure as to whether the sale deed was executed on the basis of forged papers or not. The offence is triable by Magistrate. Charge sheet has been filed. The applicant has explained criminal history of 52 cases in paras 16 and 17 of the bail application. The applicant is in jail since 16.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. 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 U.P. Lko. .....Opposite Party(s) In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, charge sheet has been filed, the offences are triable by Magistrate, prima facie the matter appears tobe civil in nature, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Pramod Kumar Upadhyay, involved in Case Crime No.165 of 2025 under sections 409, 420, 506, 120B I.P.C., P.S. Mohanlalganj, district Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) BAIL No. 8776 of 2025 2 (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 23, 2025 kkb/ BAIL No. 8776 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench