HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36498 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Prabhakar Awasthi, learned Senior Counsel assisted by Sri Ashutosh Mishra, learned counsel for the applicant, Sri Sanjay Singh, learned AGA for the State as also Sri Anil Srivastava, learned Senior Counsel assisted by Ankit Srivastava, learned counsel for the first informant. The instant bail application on behalf of the applicant seeks his enlargement on bail in Case Crime No. 199 of 2015, under Sections 419, 420, 506, 386, 365 IPC, Police Station Phaphamau, District Prayagraj, during the pendency of the trial before the court below. The bail application of the applicant before the court below was rejected by the Additional Sessions Judge, Court No. 1, Prayagraj, vide order dated 18.08.2025 and the applicant is stated to be languishing in jail since 31.07.2025. Learned counsel for the applicant has vehemently argued that the applicant is entirely innocent and has been falsely implicated in this very case crime number for ulterior motives. The FIR in question was lodged nominating the applicant and one Muzaffar Hussain with the allegation that the first informant had purchased certain plots from Chhuttan and Arshad through registered sale deed dated 01.12.2022 in his name. The applicant who is associated with Gangster Mohd. Sabir of the famous Umesh Pal Murder Case induced the first informant to sell three plots from the plots purchased. Two plots were sold one in favour of Abhishek Versus Counsel for Applicant(s) : Ashutosh Mishra, Ashwani Mishra Counsel for Opposite Party(s) : Ankit Srivastava, G.A., Ram Bahadur Ali Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) Kumar Singh for Rs. 12,20,000/- and the other plot in favour of Smt. Pushpa Singh for Rs.8,79,000/- Both sale deeds were got executed on 30.12.2024. It is further alleged in the FIR that by showing the amount of Rs. 5,00,000/- in the form of cheque stated to have been received at the time of agreeing to sell the three plots an agreement to sell was got executed of the balance land of the informant. It is alleged that when the informant requested the applicant and co-accused to get this agreement canceled they refused to do so. Learned counsel for the applicant has vehemently argued that the dispute is purely civil in nature and colour of criminality has been given by the informant. Admittedly, informant has filed suit for cancellation of the sale deed dated 30.12.2022 executed in favour of Smt. Pushpa Singh being Original Suit No. 379 of 2025. At the same time a suit for declaring the agreement to sale dated 30.12.2022 as null and void being Original Suit No. 94 of 2025. The above suits are pending as on date. it is also argued that the allegations of forcefully getting the amount of Rs. 10,00,000/- into their bank account is utterly false and the real fact is that the co- accused had transferred Rs. 9,50,000/- through RTGS into the account of the first informant on 23.12.2022 and Rs. 50,000/- was given in cash. The first informant has himself returned the said money on 27.12.2022. The allegation of looting a sum of Rs. 5,00,000/- mentioned in the agreement to sale is utterly false. It is next contended that co-accused Muzaffar Hussain has already been granted protection by the Writ Court vide order dated 12.09.2015 passed in Criminal Misc. Writ Petition No. 16856 of 2025. The applicant has also filed a suit for specific performance of the agreement to sell being Original Suit No. 339 of 2025 which is also pending. It is also submitted that the incident is of the year 2022 but the FIR has been lodged on 17.07.2025 almost after a lapse of two and half years. The criminal antecedents of the applicant have been duly explained in Para 39. No case under Section 419, 420, 506, 386, 365 IPC is made out against the applicant. The applicant undertakes to cooperate in the trial and is not a flight risk. The applicant shall not misuse the liberty of bail if the same is granted. Hence bail has been prayed for. BAIL No. 36498 of 2025 2 Per contra, learned AGA as also learned counsel for the first informant have vehemently opposed the prayer for bail and submit that the sufficient material has been collected by the Investigation Officer during investigation which establishes the complicity of the applicant in the commission of the crime but could not dispute the submissions of learned counsel for the applicant that the dispute is essentially a civil dispute and civil suit between the parties are pending. Having heard learned counsel for the parties, the Court of the opinion that the dispute alleged in the FIR is essentially a civil dispute for which the civil litigation is still pending. In such circumstances, the Court is of the opinion that a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ali Ahmad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. March 31, 2026 pks BAIL No. 36498 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad