Neutral Citation No. - 2025:AHC:35405 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8444 of 2025 Applicant :- Azad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard Sri Gaurav Kakkar, counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the record. 3. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 331 of 2024, under Sections 318(4), 316(2), 338, 336(3), 340(2), 61(2), 352, 351(3) of B.N.S., Police Station- Qutubsher, District- Saharanpur, during pendency of the trial. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The informant was involved in real estate business. The sale deed dated 05.06.2024 was executed by the informant in favour of the applicant. The sale consideration as mentioned in the sale deed was not paid. Thereafter, the applicant and the informant entered into a compromise dated 10.01.2025. It is contended that the dispute between the parties was essentially a civil dispute resulting from a breach of contract. There is no averment in the first information report that the applicant had an intention to cheat the informant from the very beginning of the transaction. At this stage, there is no credible evidence against the applicant. The applicant is in jail since 23.01.2025, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 6. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the dispute between the parties was essentially a civil dispute resulting from a breach of contract. There is no averment in the first information report that the applicant had an intention to cheat the informant from the very beginning of the transaction. At this stage, there is no substantive evidence against the applicant. Moreover, the applicant has no criminal antecedents and has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Azad Khan involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad