Neutral Citation No. - 2025:AHC:112381 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20754 of 2025 Applicant :- Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar, Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava, Rajesh Kumar Hon'ble Arun Kumar Singh Deshwal,J. 1. Counter affidavit filed by Sri Manoj Kumar Srivastava, learned counsel for the victim is taken on record. 2. Heard Sri Arvind Kumar, learned counsel for the applicant, Sri Manoj Kumar Srivastava, learned counsel for the first informant and Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 82 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of BNS, Police Station- Shahganj, District Agra. 4. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. Basically the dispute is regarding trust of property of Munshi Das. The Pariwar Register itself shows that the applicant is son of Munshi Das and the applicant is also not disputing that Urmila Devi, who is alleged victim in the present case, is also second wife of Munshi Das. The FIR in question has been lodged on the basis of inquiry conducted by the Central Record Office, Tehsil Agra in which doubt was expressed regarding the trust deed related to property of Munsi Das, wherein the applicant is also shown as one of the trustee. It is further submitted that the dispute is purely civil in nature and parties can decide their right through civil court. He further submitted that by the present proceeding, civil proceeding has been given colour of criminality. He further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He has explained the criminal history of five cases which was lodged by the victim side against the applicant. The applicant is a law abiding citizen and he is languishing in jail since 24.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned counsel for the alleged victim as well as learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that the extract of Pariwar Register itself is forged and application has been filed by victim side to cancel the same. 6. Thus, considering the entire facts and circumstances of the case, prima facie, dispute is between the legal heirs of Munshi Das regarding his property and dispute is purely civil in nature that can be decided by the civil court and keeping in view the nature of offence, evidence, complicity of accused 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. 7. Let the applicant- Rajkumar involved in the aforementioned 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, 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 him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad