Neutral Citation No. - 2025:AHC:61491 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5792 of 2025 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 734 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Mainpuri during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that as per the prosecution story, the informant/complainant purchased the land 1/2 part of Gata No. 64 from one Subedar (who is grand-father of the applicant) and another 1/2 part land of Gata No. 64 purchased from the heir of Sheshpal (Sheshpal was brother of Subedar). It is submitted that some portion of the property was sold by the present applicant to another person who has purchased the land of Gata No. 262. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged by the informant and he has not sold the property which has already been purchased by the complainant. It is also submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 13.12.2024. There are no previous criminal history against the applicant. The investigation is still going on. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the bail of the applicant. 4. Per contra, learned A.G.A. for the State opposed the prayer for bail of the appellant, but could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that there are no previous criminal history against the applicant. The applicant is first offender. He is languishing in jail since 13.12.2024. The applicant has given undertaking that he will co-operate with the investigation and not influence the witness and not tamper any evidence during the trial. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 7. Let the applicant- Saurabh who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad