Neutral Citation No. - 2025:AHC:80863 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37530 of 2023 Applicant :- Anuj Kumar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Gupta,R.B.Pal,Umesh Kumar Pal,Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.,Sandip Kumar Shukla Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant; learned counsel for the informant; learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.722 of 2021, under Sections 420, 467, 468, 471, 120-B, 406, 504, 506 I.P.C. P.S. Dhoomanganj, District Allahabad, during pendency of the trial. 3. According to the prosecution version, informant and his wife booked the plot on stamp paper of 100 rupees from the Obedient Infra Development Pvt. Ltd and according to agreement, possession of the said plot should be handed over to the informant and his wife within 15 months. Although, the applicant issued four cheques in favour of informant but when it was submitted in bank, it got bounced. Thus, appellant embezzled the amount of Rs.24,57,800/- paid by the informant. 4. Learned counsel for the applicant submitted that applicant is innocent person and has been falsely implicated in the present case due to ulterior motive and he is in jail since 10.09.2022. He next submitted that informant without waiting the period prescribed in the agreement, lodged FIR against the applicant and others mentioned wrong facts instead of taking recourse of civil remedy. He next submitted that informant pressurized the applicant to pay the amount given by him and applicant has already paid Rs.18,25,840/- to the informant through RTGS and Google Pay. He next submitted that alleged offences are triable by Magistrate. The co- accused, Poonam Pal, Vikram Bhartiya and Amit Kumar have already been granted bail by the Co-ordinate Bench of this Court, vide orders dated 09.10.2023, 25.01.2023 and 12.05.2023 passed in Criminal Misc. Bail Application Nos.37354 of 2023, 58661 of 2022 and 8499 of 2023 respectively. He further submitted that applicant is having criminal history of nine cases, which has been explained in para-31 of the bail application. In case, applicant is enlarged on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant and submitted that whatever amount has been refunded by the applicant was done prior to the agreement, the informant still seeks of the plot as his amount is blocked since the year 2020. Applicant holds the responsible position in the company, who has embezzled the amount of informant on the pretext of providing plot. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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. 7. Let the applicant, Anuj Kumar Pal, who is involved in the aforesaid 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad