HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11077 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.281 of 2025 under Sections 61(2), 316(5), 318(4), 351(3) BNS, Police Station Mohanlalganj, District Lucknow. As per the prosecution case, the allegation is that the complainant had purchased a property from H.K. Infravision Private Limited in the year 2017. It is stated that though the entire consideration amount was paid, the possession of the property has not been delivered to the complainant even after the lapse of more than seven years. Learned counsel for the applicant submits that in respect of the alleged incident which took place in the year 2018, the F.I.R. has been registered belatedly in the year 2025 without any explanation for such delay. It is further submitted that the applicant has explained the criminal history of ten cases in paragraph 13 of the bail application. The applicant is in jail since 23.7.2025. 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 the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Virendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Seema Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 learned counsel for the parties as well as perused the record. On due consideration to the facts of the case, the offences are triable by a Magistrate; the applicant, being a lady, is alleged to be the wife of Prabhat Kumar Pandey; as also from the perusal of the record, it does not appear that she was either the executor of the sale deed or a person having any possession or control in the company; coupled with the fact that the applicant is a lady and has been in custody since 23.07.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Smt. Seema Upadhyay be released on bail in the aforesaid case crime number, subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 her 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 she 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. 11077 of 2025 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence without sufficient cause, the trial court may proceed against her 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 her presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and she fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, 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 13, 2025 Madhu D.R/P.S BAIL No. 11077 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench