HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12119 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Counter Affidavit filed by Ms. Shaama Begum, learned counsel for the complainant is also taken on record. 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.253 of 2019, under Section 420, 406, 323, 504, 506 IPC, Police Station Banthara, District Lucknow. In the prosecution case, the allegation against the applicant is that he executed an agreement to sell in respect of the land in question for a consideration of Rs.2,52,00,000/-. It is alleged that although Kallu is the actual owner of the land, the applicant projected himself as the owner and, in this process, usurped an amount of Rs.8,00,000/- from the complainant. Learned counsel for the applicant submits that the offences alleged are punishable with imprisonment of up to seven years. The applicant is in jail since 13.11.2025. The applicant has explained his criminal history of two cases in the supplementary affidavit. It is further submitted that the charge-sheet has already been filed in the present case and no useful purpose will be served by keeping the applicant in further custody. Versus Counsel for Applicant(s) : Qazi Mohd.Ahmad Counsel for Opposite Party(s) : G.A. Pawan Kumar Sahu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is also submitted that there is no possibility of the applicant fleeing from justice or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application. It has been submitted that after filing of the charge-sheet dated 22.02.2021, cognizance was taken, and the applicant was summoned, but he remained absent. Due to his absence, the trial has been delayed for four years, and proceedings under Section 82 Cr.P.C. have also been initiated against him. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the offence is triable by a Magistrate and is punishable with imprisonment of up to seven years; the undertaking given by the applicant to cooperate in the trial; the fact that the applicant is in jail since 13.11.2025; he has explained the criminal history of two cases in the supplementary affidavit; the charge-sheet has already been filed in the matter, 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 Pawan Kumar Sahu, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. BAIL No. 12119 of 2025 2 Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. December 10, 2025 Madhu D.R/P.S BAIL No. 12119 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench