Neutral Citation No. - 2025:AHC-LKO:4640 Court No. - 14 Case :- CRIMINAL APPEAL No. - 3941 of 2024 Appellant :- Jai Kumar Saini Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Having regard to the communication sent by the Chief Judicial Magistrate, Barabanki, respondent no.2 has been personally served, however, even after being served personally, he is not represented by any counsel. 2. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record. 3. The instant criminal appeal under Section 14(A)(2) S.C./S.T. Act has been filed by the appellant/Jai Kumar Saini for grant of bail and to set-aside/quash the impugned order dated 18.10.2024 passed by the learned Special Judge, S.C./S.T. (P.A.) Act, Barabanki in Bail Application No. 3428 of 2024, arising out of Case Crime No. 335 of 2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C. and Section 3(2)(v) of the S.C./S.T. Act, Police Station Fatehpur, District Barabanki, during trial. 4. Learned counsel for the appellant while pressing this appeal submits that the appellant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution. It is further submitted that allegations against the appellant are in terms that he has identified co-accused Uttam Kumar, who is shown to have executed sale deed impersonating some other person bearing his name. 5. It is vehemently submitted that the appellant has identified the seller in good faith as he was also bearing name of Uttam Kumar and his parentage was not in the knowledge of the appellant, therefore, the identification, which has been made by the appellant, is in good faith and no ulterior motive may be attached with the same. The charged offences against the appellant are triable by the magistrate. 6. It is also submitted that a civil suit with regard to the cancellation of alleged sale deed has also been filed by the purchaser and therefore, if there is any defect in the sale deed, the same may be cancelled by the civil court. Appellant is in jail in this case since 08.10.2024 and he is not having any criminal antecedents. Charge sheet in this case has already been submitted and there is no apprehension that after being released on bail the appellant may flee from the course of law or may otherwise misuse the liberty. Identically placed co-accused person, namely, Navneet Kumar Saini has already been granted bail by this Court, vide order dated 03.10.2024 passed in Criminal Appeal No. 2944 of 2024. 7. Learned A.G.A., however, opposes the prayer of bail of the appellant on the ground that the appellant has committed an heinous offence and having regard to the material/evidence available against the appellant, he is not entitled to be released on bail, but could not controvert the other factual submissions made by learned counsel for the appellant. 8. Considering the fact that the alleged offences against the appellant are triable by magistrate, charge sheet has already been submitted and also the fact that he has identified a person, who was bearing the name of Uttam Kumar and real owner of the property was also bearing the name of Uttar Kumar and only parentage was different and appellant is in jail in this case since 08.10.2024 without any previous criminal history, identically placed co-accused person, namely, Navneet Kumar Saini has also been granted bail by this Court, in the considered opinion of this Court, the trial court has materially erred in passing the impugned order and same is liable to be set aside. Accordingly the impugned order passed by the court below is set-aside and the appeal filed by the appellant is allowed. Pending application(s) stand disposed of. 9. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, let the appellant- Jai Kumar Saini involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The appellant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The appellant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the appellant and sureties be verified by the Court concerned before the bonds are accepted. 12. Observations made herein-above by this court are only for the purpose of disposal of this appeal and shall not be construed as an expression on the merits of the case. Order Date :- 23.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench