Neutral Citation No. - 2025:AHC:122923 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7947 of 2025 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Verma,Mohd. Naushad Siddiqui,Ravindra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Ramajan Ahmad, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It is further submitted that first information report dated 06.10.2022 was lodged against the applicant and other nine named persons alleging that five named accused contracted to sell the land of ten bighas in total sale consideration of Rs. 5.0 crores 60.00 lakhs and in lieu of oral contract the first informant paid Rs. 40.00 lakhs in cash and Rs. 26.00 lakhs through R.T.G.S. and the sale deed has not been executed. It is further submitted that single penny has not been transferred in the account of the applicant and he has not received any amount through R.T.G.S. or cash as per the statement of Bank Manager which statement is annexed as Annexure-3 to the supplementary affidavit filed today. One co-accused, Saleem, against who there is specific allegation he has already been enlarged on bail and as the case of applicant is not on the worse footing than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. 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 there are two cases into the credit of applicant and in one case he is on bail and in another case police has sent him a notice under Section 41(A) Cr.P.C. The applicant is languishing in jail since 03.01.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Irshad, be enlarged on bail in Case Crime No. 466 of 2022, under Sections 406, 420, 467, 468, 471, 120-B I.P.C., Police Station- Hafizganj, District- Bareilly, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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 default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad