HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35179 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Alok Kumar Singh, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Aadesh Singh to enlarge him on bail in Case Crime No. 416 of 2026, under Sections 318(4), 338, 336(3), 340(2), 61(2), 317(2) of BNS, P.S.- Nandgram, District- Ghaziabad during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the belated FIR has been lodged on 11.7.2026 by Mohd. Rafiq against four named accused persons with the averments that the accused applicant has made an advertisement on Facebook for sale of Fortuner vehicle. The informant has purchased from the accused applicant on 27.6.2026 at a mall where the deal was matured. Rupees 12,10,000 has been transferred through bank and Rupees 2,50,000 has been paid in cash. After purchase of vehicle, the informant went to Manali and while returning, he was intercepted by two vehicles, who had robbed him of his vehicle. It is later on, he came to know that the vehicle does not belong to the accused applicant. It is further contended that the accused applicant has no role in the present case. He has not been shown in the sale letter or any transfer paper. No amount has been transferred to him. It is during the investigation, came to picture that the vehicle belong to someone else, who has lent the vehicle on rent to a co-accused from whom the accused applicant has taken it on rent and in the meantime, he has sold. Except the Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Aadesh Singh .....Applicant(s) State of U.P. .....Opposite Party(s) statement of the witness, there is no documentary evidence. The investigation is continuing. He is co-operating in the investigation. The applicant has one case criminal history, wherein, he is on bail. The applicant is languishing in jail since 23.8.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the transfer of second hand vehicle wherein no amount has been transferred to the accused applicant, the accused applicant is entitled to be enlarged on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 9, 2026 Krishna* BAIL No. 35179 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad