HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41111 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Ms. Swati Agrawal, learned counsel for the applicant; Sri A. Z. Khan, learned counsel for the informant and Sri Prateek Saxena, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 126 of 2025, under Sections 420, 467, 468, 471, 447, 506, 452, 384, 307, 34, 120B IPC, Police Station Gwaltoli, District Kanpur Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is police Sub Inspector and only allegation against him is that he threatened the informant alongwith co- accused Shivansh @ Pappu and obtained his signature on blank paper. 4. She further submitted that even from the FIR it reflects co-accused Akhilesh Dubey was principal accused who allegedly possessed the waqf property by fraud. 5. She further submitted that entire allegation levelled against the applicant are totally false and even there is no evidence that either applicant or any other accused including principal accused Akhilesh Dubey ever used the alleged signed paper of the informant. 6. She further argued that applicant is a responsible public servant and apart from the present case he is not having any criminal history and in the present matter he is in jail since 13.9.2025 i.e. for last more than six months. 7. Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that applicant is an active member of the gang of co-accused Akhilesh Dubey and on his behest he used to threaten the informant but they could not dispute the fact that there is no evidence that signed paper allegedly obtained by applicant and co-accused was ever used by any one. 8. They further could not dispute the fact that co-accused Akhilesh Dubey appears to be prime accused. Versus Counsel for Applicant(s) : Swati Agrawal Counsel for Opposite Party(s) : A.Z.Khan, G.A. Sabhajeet Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) 9. They also could not dispute the fact that applicant is a public servant and except this case he is not having any criminal history and in the present matter he is in jail for last more than six months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is police sub inspector and only allegation against him is that he threatened the informant and obtained his sign on blank paper alongwith co-accused Pappu on behest of co-accused Akhilesh Dubey. 12. Further, even there is no evidence that either applicant or any co-accused used the alleged sign paper of informant. 13. Further even from the entire material available on record, it reflects, co accused Akhilesh is principal accused. 14. Further, except the present case, it appears applicant has no other criminal history to his credit and in the present matter he is in jail since September, 2025 i.e for last more than six months. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Sabhajeet Mishra, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in BAIL No. 41111 of 2025 2 by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. April 23, 2026 Ankita BAIL No. 41111 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad