HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9299 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Farooq Ayoob, learned counsel for the applicant, Shri Satyendra Srivastava, 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.408 of 2023, under Sections 419, 420, 467, 468, 471, 406 I.P.C., registered at Police Station Kothi, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.09.2023 against 7 persons, not including the applicant, stating that the complainant has mortgaged his land in favour of co-accused Durga Prasad and a sale deed was registered on 06.04.2023 but Durga Prasad deceitfully got a sale deed in respect of the land of the informant and his brother executed under pretext of execution of the mortgage deed. The sale deed mentions payment of sale consideration through two cheques for Rs.19,000/- each. 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 applicant has been implicated during investigation as it came to light that co-accused Durga Prasad had handed over cheques on the cheque leafs issued by the bank to the applicant. The applicant is brother-in-law of co- accused Durga Prasad. 6. Co-accused Durga Prasad has filed a Criminal Misc. Writ Petition No. 7726 of 2023 challenging the validity of the charge sheet and his arrest has Versus Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta Counsel for Opposite Party(s) : G.A. Sarvesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) been stayed by means of an interim order dated 09.10.2023 til submission of the charge sheet. 7. Learned A.G.A. has submitted that a charge sheet has been submitted on 07.09.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not level any allegation against the applicant and he has been implicated merely because his cheque leaf was misused by co-accused Durga Prasad and that the applicant is languishing in jail since 13.08.2025 whereas the investigation already stands concluded, 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 - Sarvesh Kumar 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 25, 2025 S. Shivhare BAIL No. 9299 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench