Neutral Citation No. - 2025:AHC:72718 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5974 of 2025 Applicant :- Prabhakar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Phoolbadan Yadav,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Shikhar Awasthi Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Shikhar Awasthi, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. The prosecution story in brief is that informant had entered into agreement to sell with respect to Gata No. 38.89. Rs. 1.65 crores was transferred in her bank account, whereas Rs. 51 lacs was agreed to pay in cash. On 23.11.2024, the applicant got sale deeds executed and after execution of the sale deed at Soraon Tehsil cash of Rs. 51 lacs was given to the informant. At the same time, the applicant asked the informant to drop her safely at her house. The informant along with her maternal uncle Lal Babu and one relative Shyam sat on the applicant's Fortuner vehicle bearing registration no. UP70GM 9043 along with a bag containing cash of Rs. 51 bag. Thereafter, on the way, the applicant stopped his vehicle at S.S.P. convent school, who on a pistol point ousted them from the vehicle and threatened them for dire consequences and had snatched away the bag containing Rs. 51 lacs. 3. Learned counsel for the applicant submits that in fact, five sale deeds were executed by the first informant on 23.11.2024 in favour of different persons including the applicant and the entire amount of sale consideration had been given to the informant through R.T.G.S. as is evident from the perusal of the sale deed executed by the informant. Learned counsel contends that the allegation of the informant is false, baseless and without any cogent evidence. Learned counsel further argued that the incident is alleged to have taken place on 23.11.2024 whereas the F.I.R. was lodged on 24.11.2024 without there being any plausible explanation of such inordinate delay. She further submits that according to the F.I.R. the informant sat on a applicant's Fortuner vehicle, whereas the recovery of Rs. 51 lacs is alleged to have taken place from a Wagon-R vehicle bearing registration no. UP70GH 5573, which belongs to Ashwani Patel. Learned counsel further argued that neither the applicant is concerned with the said vehicle nor with Ashwani Patel and that the accused Ashwani Patel has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 18.03.2025 passed in Criminal MIsc. Bail Application No. 2738 of 2025, copy of which order has been produced before this Court and is taken on record.. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 25.11.2024 4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that recovery has been made from the joint possession of the applicant and the co-accused and therefore, innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Prabhakar Patel involved in Case Crime No.355 of 2024 under Sections 309 (6), 3(5), 351(2), 317 (2) of B.N.S., Police Station Phaphamau District Prayagraj, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 6.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad