Neutral Citation No. - 2025:AHC:93382 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7907 of 2025 Applicant :- Budh Prakash Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Prakash Upadhyay,Mohammad Haadi Zaidi,Zia Naz Zaidi Counsel for Opposite Party :- G.A.,Munender Kumar Gaur,Rajeev Ratan Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Zia Naz Zaidi and Mohammad Haadi Zaidi, learned counsel for the applicant, Sri Rajeev Ratan Shukla, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 886 of 2024, under Sections 420, 406, 323, 504, 506 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar, during the pendency of trial. 4. As per prosecution story, the named accused persons Amit Kumar and Rakesh Kannaujiya are stated to have duped the informant by executing a fake sale deed in favour of his wife. Subsequently, when the informant went to report the matter to the co-accused persons, the applicant was also seen in the office and had threatened him and hurled abuses at him. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. The main allegations are against the co-accused persons Amit Kumar and Rakesh Kannaujiya . 6. It is further argued by learned counsel for the applicant that the applicant has noting to do with the said offence. There is no other FIR against the applicant instituted anywhere, as such, the applicant is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 08.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that applicant is a member of a larger group of fraudsters who have duped innocent persons of their hard earned money by executing fake sale deed. An application has been moved before the Police Commissioner, Varanasi and the name of the applicant is also arrayed at serial no.4, but they could not dispute that there is no other FIR against the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that the main allegations are against the co-accused persons Amit Kumar and Rakesh Kannaujiya and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Budh Prakash Agarwal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.5.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad