HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11194 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Hari Om Singh, learned Advocate who has filed vakalatnama on behalf of the complainant is taken on record. Allegations in the prosecution case is that Mahesh Kumar Yadav and Hamid Khan @ Raj (the applicant), using a forged Aadhaar card and fictitious documents, fraudulently sold land belonging to one Mahesh Kumar by impersonating him. It is specifically alleged that the applicant identified the impersonator. Submission of learned counsel for the applicant is that the sale deed was executed on 19.07.2018, and the mutation was also completed in relation to the alleged offence of 2018. However, the FIR was lodged only in 2024, with no explanation for the inordinate delay. The offence is triable by the Magistrate, and the applicant has no criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned counsel for the complainant has submitted that the involvement of the applicant is evident from the fact that he issued four cheques of Rs. 5,00,000/- each in favour of the complainant; one of these cheques was dishonoured, while the remaining three have expired, and a complaint under Versus Counsel for Applicant(s) : Anil Kumar, Manoj Kumar Dwivedi Counsel for Opposite Party(s) : G.A., Hari Om Singh Hameed Khan @ Raj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Chief Secy. Home Lko. .....Opposite Party(s) Section 138 of the N.I. Act has already been filed. It is further submitted that the original Mahesh Kumar has filed a suit for cancellation of the sale deed before the competent court. Learned A.G.A. opposed the prayer for bail. Considering that the applicant has no criminal antecedents; the title dispute is pending adjudication before the competent civil court; the offence is triable by the Magistrate; the FIR has been lodged after an unexplained delay of several years; and the applicant is in custody since 02.10.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Hameed Khan @ Raj, involved in FIR/Case Crime No. 199/2024 U/s- 419, 420, 467, 468, 471 I.P.C., Police Station- Chinhat, District- Lucknow, Eastern (Commissionerate Lucknow), 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 which are being imposed in the interest of justice:- (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. (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 in BAIL No. 11194 of 2025 2 accordance with law. (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 IPC (now Section 209 of 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 15, 2025 R.C. BAIL No. 11194 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench