HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10168 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.97 of 2023, under Section 419, 420, 467, 468, 471 Indian Penal Code, Police Station Mohanlalganj, District Lucknow. In the prosecution case it is alleged that the applicant in connivance with the co-accused by preparing forged documents and impersonating Lalta Prasad and Baijnath who are deceased has got executed sale deed in his favour. Learned counsel for the applicant submits that the applicant has no criminal history and the alleged offence is triable by a Magistrate. It is further submitted that the applicant is a bona fide purchaser and is himself a victim in this case. The co-accused Ankit Tiwari has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 05.01.2024, a copy of which has been annexed as Annexure-4 to the bail application. Similarly, co- accused Rohit Yadav has been granted regular bail by a Coordinate Bench of this Court vide order dated 09.11.2023, a copy of which has been annexed as Annexure-5 to the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Ashok Kumar Singh, Rahul Kumar Singh Counsel for Opposite Party(s) : G.A. Sharda Prasad Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt Of U.P. Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by the learned counsel for the parties and perused the record. It is evident from the material on record that a civil suit has been filed by the complainant, in which the applicant has already put in appearance. The applicant, therefore, appears to be a bona fide purchaser. On due consideration to the above and the facts that the co-accused persons have been granted anticipatory bail and regular bail by a Coordinate Bench of this Court; the alleged offence is triable by a Magistrate; the applicant has been in jail since 15.09.2025; he has no previous criminal history and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for being enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Sharda Prasad Tiwari be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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. BAIL No. 10168 of 2025 2 (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 under Section 229-A of the IPC (now Section 269 BNS). (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 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). 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. November 6, 2025 Madhu D.R/P.S BAIL No. 10168 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench