HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10176 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.In compliance of order dated 14.11.2025, passed by this court, the investigating officer Mr. Jitendra Kumar is present before this court. He states that the investigation is still in progress. He is trying to find out the actual area possessed by the accused. 2. Heard learned counsel for the applicant, Mr. Arunendra Pratap Singh, learned counsel for the complainant and Ms. Shivanti Kapoor, Advocate, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the offence is triable by Magistrate. The applicant is in jail since 24.9.2025 in this case crime. He is innocent. The registered sale deeds were executed in the year 2021. The first information report has been registered in 2025 without any explanation of delay. The applicant has not received any amount of the sale consideration in his account. The applicant was the Director of the concerned company. The dispute is primarily of civil nature as the grievance of the complainant is that although the sale deed has been executed and the complainant has been put into possession, however, the complainant has been given a different plot.The applicant is in jail since 24.9.2025. Versus Counsel for Applicant(s) : Wali Nawaz Khan, Gauri Suwan Pandey Counsel for Opposite Party(s) : G.A., Arunendra Pratap Singh, Aseem Kumar Pandey, Dhanesh Narayan, Shivangi Kapoor Vijay Kumar @ Vijay Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Prin. Secy. (Home) Lko. .....Opposite Party(s) 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. 4.Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail. The learned counsel for the complainant submits that the land is not in the name of the company. He has not been given possession although he does not dispute that the mutation of the said land has been exeucted in his favour. It is also not disputed that no civil proceeidngs have been initiated by the complainant as yet. 5.Considering the facts and circumstances of the case, the fact that the investigation is going on, the applicant undertakes to cooperate in the investigation, it appears from a perusal of the sale deed which is on record that possession of the plot of land was delivered to the complainant, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Vijay Kumar alias Vijay Kumar Tiwari, involved in Case Crime No.64 of 2025 under sections 409, 506 I.P.C., P.S. Aashiyana, district Lucknow North (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 prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 and he shall appear on each and every date fixed by BAIL No. 10176 of 2025 2 the trial 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. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. November 17, 2025 kkb/ BAIL No. 10176 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench