HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8883 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Naveen Kumar Pandey, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State, Shri Samarth Gupta, Advocate holding brief of Shri Ganesh Nath Mishra, 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.91 of 2025, under Sections 319(2), 318(4), 316(2), 351(2), 61(2), 338, 336(3), 340(2) BNS, registered at Police Station Dhaneypur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.04.2025 against the applicant and his wife stating that the complainant had purchased a plot of land from the applicant for a sale consideration of Rs.6,00,000/- which was paid in cash but thereafter, the accused persons restrained the complainant from ploughing the land stating that the land had already been sold by the applicant in favour of his wife on 15.03.2021. When the complainant demanded refund of the sale consideration, the accused persons neither refunded the sale consideration nor gave her the land. 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. 5. It has further been stated in the affidavit that the applicant's wife Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A., Ganesh Nath Mishra Md. Rafeek .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) has filed a suit for cancellation of the sale deed dated 15.04.2021 executed in favour of the complainant stating that no sale consideration was paid for the execution of the sale deed and the sale deed is void. 5. The applicant's involvement in 7 other criminal cases has been disclosed in para 26 of the affidavit, in 2 of which he has been acquitted, in 3 of which the applicant has been granted bail and in one case he has not received any summons or notices. 6. A co-accused- Jannatunnisha has already been granted bail in the present case by means of an order dated 09.09.2025 passed by this Court in Crl. Misc. Bail Application No.8435 of 2025. 6. Learned A.G.A.-I 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 29.06.2025. 7. Learned counsel for the complainant has also opposed the bail application and he has submitted that the accused persons have duped the complainant of Rs.6,00,000/-. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed executed in favour of the complainant does not disclose any particulars of payment of sale consideration and merely states that the sale consideration has been paid in cash on various dates; that the dispute for cancellation of the sale deed is pending and the investigation of the matter already stands concluded, and a co- accused has already been granted bail in the present 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Md. Rafeek 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:- BAIL No. 8883 of 2025 2 (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 17, 2025 -Amit K- BAIL No. 8883 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench