Neutral Citation No. - 2025:AHC-LKO:2429 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13318 of 2024 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Raja Babu Gupta Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and charge sheet in this case has also been submitted. 2. Heard Shri Raja Babu Gupta, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. 3. This bail application has been moved by the accused/applicant- Shiv Kumar for grant of bail, in Case Crime No. 435 of 2018, under Sections 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station Kotwali Nagar, District Gonda, during trial. 4. Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication and even if the case of the prosecution is admitted as it is, it will emerge that the applicant is not a party to any sale deed and, therefore, no wrongful gain may be attributed to him. Elaborating further, it is submitted that the allegations against the applicant are in terms that he has procured a person who has stated to have impersonated the real owner of the property and has executed a forged sale deed. 5. It is vehemently submitted that the charge sheet against the applicant has been filed only on the basis of suspicion and apprehension and there is no concrete evidence against the applicant and he is detained in this case since 25.12.2018 and he is not having any criminal history. Applicant was not named in the F.I.R. of the instant case and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty. 6. Learned A.G.A. on the other hand submits that the applicant appears to be the main accused as the imposter who had executed forged sale deed by impersonating the real owner has been arranged by him. Therefore, he is not entitled to be released on bail. 7. Considering the fact that all charged offences against the applicant are triable by Magistrate, charge sheet in this case has been filed way back in the year 2021, applicant was not named in the F.I.R. and also that he is not having any criminal history and surprisingly for the last six years i.e. 25.12.2018 he is detained in prison, a case of bail is emerging in favour of the applicant. The presence of the applicant may be secured before the trial court by placing adequate conditions. 8. 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, I am of the considered view that applicant has made out a case for bail. Thus, the bail application is allowed. 9. Let the accused/applicant- Shiv Kumar involved in above- mentioned case, be released on bail subject to following conditions:- (i) Considering the fact that applicant has already been jail in this case for about six years, it is provided that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the court concerned. (ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. 11. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 15.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench