Neutral Citation No. - 2025:AHC:114269 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14308 of 2025 Applicant :- Smt Tabbasum Praveen Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan,Kamal Singh Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri A.Z. Khan and Sri Prashant Kumar Singh, learned counsel for the applicant, Sri Jitendra Prasad Mishra, learned counsel for the informant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release 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) B.N.S., Police Station- Kutubsher, District- Saharanpur, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that the only allegation against the applicant is that she purchased a land from the first informant for a consideration of Rs. 4 lakhs. Subsequently, that amount was not paid. It is further submitted that actually the applicant has initially given a cheque of Rs. 4 lakhs to the first informant but thereafter, cheque was returned after taking the cash amount. It is further submitted that if the consideration is not passed then sale deed would be defective and that can be cancelled by the competent court but till date, the applicant has not filed any suit for cancellation of sale deed for want of consideration. It is further submitted that applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since 21.03.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that there is no proof of passing the consideration amount to the first informant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the dispute so far as the present applicant and first informant is concerned is purely civil in nature because if the consideration amount has not been passed from the applicant to the first informant then he can file suit for cancellation of sale deed and even from the perusal of the F.I.R., the main allegation is against Sher Khan and Ashraf Ali, and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Smt. Tabbasum Praveen involved in the aforementioned crime be released on bail, on her 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad