HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41067 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Rahul Saxena Advocate Sri Anand Kumar Yadav, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 628 of 2024, under Sections 340(2), 318(4), 338, 336(3) BNS (Old Sections 470, 420, 467, 463 IPC), Police Station Kotwali Sadabad, District Hathras, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per FIR informant alongwith his associates got executed sale deed of a property from the owners of the property but subsequently applicant alongwith others on the basis of a forged sale deed allegedly executed by Sharda Devi started claiming ownership over the property in question but entire allegations levelled against the applicant are totally false. 5. He further submitted that Sharda Devi was the real sister of Ram Charan who was one of the owner of the property in question and she actually executed rent agreement in favour of applicant and rent agreement executed by her has been filed alongwith the instant bail application and this fact clearly suggests, the allegation that Sharda Devi executed the sale deed in favour of applicant and others is totally false. 6. He further submitted that even with regard to the property in question a civil suit was filed vide suit No. 7 of 2025 in which parties have entered into compromise and the compromise executed between the parties has been filed at page-53 of the paper book. 7. He further submitted that as present dispute, prima facie, appears to be civil dispute and parties have already settled their score, therefore, there is no occasion to detain the applicant any further in the instant matter. Versus Counsel for Applicant(s) : Abhishek Gupta, Anand Kumar Yadav, Subedar Mishra Counsel for Opposite Party(s) : Akash Rawat, Pankaj Kumar Shukla, G.A. Arun Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 8. He further submitted that apart from the present case applicant is having criminal history of 8 cases but his criminal history has been explained in the instant bail application and in all the cases applicant is on bail. 9. He further submitted that applicant in jail in the present matter since 15.10.2025 i.e. last six months. 10. Per contra, learned AGA opposed the prayer for bail and submitted that actually apart from the present case applicant is having criminal history of ten other cases including a case of Gangsters Act but he could not dispute the other arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant by way of forged sale deed tried to take possession over the property of the informant alongwith others but it appears subsequently in civil suit parties have already entered into compromise and an agreement has been executed between them. 13. Further, however, apart from the present case applicant is having criminal history of 10 other cases including a case of Gangsters Act and criminal history of only eight cases have been explained in the instant bail application but considering the facts of the case in considered view of this Court, merely on this ground and on the basis of criminal antecedents of the applicant it is not proper to withhold his bail application. 14. Further in the present matter applicant is in jail since 15.10.2025 i.e. for last more than 6 months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Arun Kumar, 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. BAIL No. 41067 of 2025 2 18. 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. 19. It is clarified that the observations made herein are limited to the facts brought in 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. 41067 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad