Neutral Citation No. - 2025:AHC:63128 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35364 of 2024 Applicant :- Muchkund Alias Mukund Kumar Mishra Alias Balmukund Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Vikram Singh,Shaurya Sharma Counsel for Opposite Party :- Ashok Kumar Chaubey, Brijendra Kumar Pandey,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. List revised. None appears for the informant. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. The prosecution case is that applicant runs a cyber cafe where the informant came. The informant asked the informant to purchase some land, then applicant told him one Ram Nayan wants to sell his share. The applicant contacted the said purchaser Ram Nayan and the deal was finalized at the sale consideration of thirty five lakh rupees. It has been alleged that informant paid an amount of Rs. 2.45 lakh to the applicant through account transfer from his daughter. Thereafter, the sale deed was executed on 04.08.2023 wherein the informant paid twenty lakh rupees in cash and Rs. 4,70,000/- through two cheques bearing cheque No. 950177 and 950178 and Rs. 5.0 lakh through cheque Nos. 039562 and 039563 issued in the name of his daughter. It was agreed that the remaining amount of Rs. 2,80,000/- shall be given to the applicant after execution of sale deed. After execution of sale deed the informant came to know that the applicant along with Ram Asrey who impersonated himself to be Ram Nayan (owner of the property) have fraudulently executed the sale deed and usurp the money from the informant. 4. Learned counsel for the applicant submits that applicant is named in the F.I.R. along with one other accused-Ram Asrey. Allegations levelled against the applicant are malicious, baseless and false and the applicant has been falsely implicated in the case. The applicant is running a cyber cafe where online registration of properties are being done. He used to make online transaction and also receives online money for registration purposes. The informant contacted the applicant for purchase of the said property but the informant in short of Rs. 2.5 lakh. There were good terms between the applicant and the informant, therefore, on the request of the informant the applicant gave Rs. 2.5 lakh in cash to the informant which is admitted by the informant in the F.I.R. In return, the informant deposited Rs. 1.25 lakh in three transactions on the day of execution of sale deed, i.e., 04.08.2023 and the remaining amount was paid by the informant through his daughter's account on 11.08.2023, i.e., after seven days of the execution of the sale deed, which establishes the fact, the amount paid by the informant was no in lieu of the sale deed, rather it was the amount borrowed by the informant from the applicant at the time of execution of sale deed. Learned counsel further submits that the real owner of the property namely Ramjas Mishra, who is the brother of Ram Nayan Mishra lodged a first information report on 05.04.2024 by way of filing an application under Section156(3) Cr.P.C. which was registered as Case Crime No. 0143 of 2024, under Sections 419, 420, 423, 467, 468, 471 I.P.C., Police Station Badlapur, District Jaunpur against the informant of the present F.I.R. namely Jawahar Lal, his daughter Juli, imposter Ram Asrey and two witnesses of the alleged sale deed namely, Shankar and Surendra. In this F.I.R. no role has been assigned to the present applicant. Learned counsel thus submits that the applicant has no concern with the alleged sale deed and the money given by the informant to the applicant was in lieu of the money which was taken by the informant from the applicant. Thus, applicant has been falsely implicated in the case with 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 the applicant is in jail since 28.08.2024. As to the criminal history there is one case into the credit of applicant for petty offences, in which police had submitted closure report. 5. Though, the learned A.GA. for the State has opposed the prayer for bail. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Muchkund Alias Mukund Kumar Mishra Alias Balmukund, be enlarged on bail in Case Crime No. 0314 of 2023, under Sections 419, 420, 406, 504, 506, 120-B, 467, 468, 471 I.P.C., Police Station- Badlapur, District- Jaunpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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. 8. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad