Neutral Citation No. - 2025:AHC:63406 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35255 of 2024 Applicant :- Praveen Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the informant had purchased a land by way of sale deed from the applicant and his brother as back as on 21.04.2014 and the allegation against the applicant is that the applicant also took the construction work over the plot in question for which Rs. 18,00,000/- was paid to him but the applicant have taken over the possession of the plot in question and have not constructed the plot. Learned counsel submits that the F.I.R. has been lodged after a delay of 10 years without there being any plausible explanation to such an inordinate delay. He further submits that after registration of the sale deed the possession was also handed over to the informant and that the applicant have no possession over the land in question, therefore the allegation against the applicant is wholly false and concocted. He further submits that the dispute is with regard to possession of the proper which arose after 10 years of the incident and is civil in nature. It is thus contended that civil dispute has been dragged into criminal prosecution of the applicant, which is nothing but an abuse of the process of law. He next submits that the applicant has been falsely implicated due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 14.06.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Praveen Kumar involved in Case Crime No.118 of 2024 under Sections 406, 420, 448, 467, 468, 471, 506 I.P.C., Police Station Panki, District Kanpur Nagar, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 24.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad