Neutral Citation No. - 2025:AHC:78554 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14128 of 2025 Applicant :- Ashutosh Dwivedi Alias Bobby Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.69 of 2023, under Sections 364, 342, 386, 504, 506 and 34 IPC, Police Station - Mohammadabad, District – Farrukhabad. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. It is further submitted that the FIR was lodged belatedly after almost two and half year of the alleged incident without any explanation. It is also submitted that the alleged agreement to sale was cancelled on 05.11.2020 and a fresh agreement to sale dated 06.11.2020 was executed between the parties. The cancellation of the earlier agreement to sale was referred to in subsequent agreement to sale. Therefore, the instant case is purely civil in nature. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant was released on anticipatory bail by the court below, till the submission of the charge-sheet and after filing of the charge-sheet, the applicant has surrendered before the court below and has been arrested and sent to the judicial custody on 04.03.2025. Since then, he is languishing in jail. He next submitted that on similar footings, the other co-accused Deepak Dixit and Vinay Dubey have already been enlarged on anticipatory bail by a Co-ordinate Bench of this Court vide order dated 09.05.2025 and 29.04.2025 passed in Criminal Misc. Anticipatory Bail Application Nos.3625 of 2025 and 3266 of 2025 respectively, copy of the orders has been supplied to this Court during course of the argument. The same is taken on record. Therefore, the present applicant is also entitled to be released on bail. 4. Learned counsel appearing on behalf of the applicant has submitted that the applicant has no previous criminal history, but he was falsely implicated after the instant incident. He further submitted that during anticipatory bail, the applicant has never misused the liberty of bail and has been co-operating with the Investigating Agency. The applicant is languishing in jail since 04.03.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. He further submitted that there is no possibility of completion of trial in the near future. 5. Per contra, learned State Law Officer appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 6. Heard learned counsel for the applicant, learned State Law Officer appearing on behalf of the State and perused the material available on record. 7. It is admitted that on earlier occasion, the applicant has been granted anticipatory bail, till the submission of charge-sheet and he has never misused the said bail during investigation. The applicant has no previous criminal history, however, in one case he has been falsely implicated, which is after the instant incident. The other similarly placed co-accused have already been enlarged on anticipatory bail by a Co-ordinate Bench of this Court as stated above. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. There are no possibility of the early completion of the trial. 8. Taking into consideration of aforesaid reasons as stated above and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 9. Let the applicant - Ashutosh Dwivedi Alias Bobby, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 CS/- (Chandra Dhari Singh, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad