HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9239 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution’s case, it is alleged that the applicant, by conspiring with others, sold the gata numbers in question in favour of the co-accused persons by impersonating one Bhajan. 3. Learned counsel for the applicant submits that name of co-accused persons have been dropped. The investigating officer has found the conduct of the informant to be doubtful, as reflected from Annexure No. 8. It is further submitted that the applicant has filed a civil suit seeking a mandatory injunction, in which an interim injunction in his favor was granted on 18.08.2021 and is on record. Taking this injunction into account, the Division Bench of this Court, vide Annexure No. 9, granted the applicant protection from arrest. 4. It is further contended that the dispute is purely civil in nature, and the civil suit is still pending. The alleged offences are triable by a Magistrate. The applicant is in judicial custody since 22.03.2025 and has no prior criminal record. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Anoop Kumar Upadhyay, Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A. Ram Sajeevan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. 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. 7. On due consideration to the pending civil proceedings, the fact that the alleged offences are triable by a Magistrate, and the charge sheet has already been filed, the applicant, who has no criminal antecedents and is in custody since 22.03.2025, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Ram Sajeevan involved in Case Crime no. 382/2022, U/S- 419,420,467,468,471,504,506 I.P.C. P.S.-Nawabganj, District-Gonda, 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 in accordance with law. (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 Section 84 BNSS) is issued and the applicant fails to appear before the court on the BAIL No. 9239 of 2025 2 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 7, 2025 R.C. BAIL No. 9239 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench