HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20015 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Brij Bhushan Upadhyay, learned counsel for the applicant, Sri Mayank Prakash Rawat, learned counsel for the first informant and Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.129 of 2025, under Sections-420, 467, 468, 471, 120B IPC, Police Station-Sadar Bazar, District-Agra, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the allegation in the FIR, the first informant as well as his relatives have purchased the land in Gata Nos.289 and 290, at Mauza Rohta, Tehsil-Agra through sale deed dated 21.01.2013. Thereafter, the applicant being the power of attorney holder of Kishan Chand through power of attorney dated 25.11.2021 again transferred the land in Gata No.289 to the co-accused through sale deed dated 17.01.2022. It is further submitted that on the date of Versus Counsel for Applicant(s) : Brij Bhushan Upadhyay, Sunil Kumar Counsel for Opposite Party(s) : Ankit Prajapati, G.A., Mayank Prakash Rawat, Surendra Kumar Manoj Jatav .....Applicant(s) State of U.P. .....Opposite Party(s) execution of power of attorney by Kishan Chand in favour of the applicant, the name of Kishan Chand as well as his brother Kapur Chand was in the khatauni and till that date, the name of the first informant was not mutated in the revenue record. Therefore, applicant bonafidely being a power of attorney holder transferred the land in question as per the instruction of Kishan Chand and the sale consideration was also given to Kishan Chand. It is further submitted that applicant is a poor person and he has not committed any offence. It is further submitted that the applicant has explained the criminal history of five cases in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 04.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned AGA have vehemently opposed the prayer for bail and submitted that the applicant on the basis of forged power of attorney dated 25.11.2021 transferred the land which was already purchased by the first informant through sale deed dated 21.01.2013. Therefore, applicant is not entitled to be released on bail. 5. Considering the aforesaid submission and taking into account that on the date of execution of power of attorney by Kishan Chand, in favour of the applicant, the name of Kishan Chand was mentioned in the revenue record and there was no whisper about the sale deed dated 21.01.2013 in the revenue record, as well as the fact that applicant is simply a power of attorney holder of Kishan Chand and whatever offence has been committed, is committed by Kishan Chand and taking into account BAIL No. 20015 of 2025 2 overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Manoj Jatav, involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court BAIL No. 20015 of 2025 3 Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. February 27, 2026 S.C. BAIL No. 20015 of 2025 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad