HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5865 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Abhijeet Kumar Pandey, learned counsel for the applicant, Sri Mohd. Noorudeen Khan, Advocate holding brief of Sri Syed Shahnawaz Khan, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-1 for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 92 of 2025, under Sections 419, 420, 467, 468, 471 IPC, Police Station Shankargarh, District Prayagraj, during pendency of the trial. 4. Learned counsel for the applicant submits, as per allegation by using imposter, applicant got executed a sale deed of the property of the informant in his favour but entire allegations levelled against him are totally false. 5. He next submits, actually applicant is the bona-fide purchaser and on the instigation of his friend Mahendra Kumar, he purchased the property, which was though of informant and applicant did not recognize the informant, and he was not aware that his friend Mahendra Kumar by using imposter has cheated him. 6. He further argues, even FIR of the present case was lodged after about Versus Counsel for Applicant(s) : Abhijeet Kumar Pandey, Indra Kumar Chaubey Counsel for Opposite Party(s) : G.A., Kuldeep Mishra, Syed Shahnawaz Shah Umesh Kesharvani .....Applicant(s) State of U.P. .....Opposite Party(s) a year from the date of the alleged sale deed. 7. He further argues, even prima facie, the alleged dispute appears to be civil dispute and all the alleged offences are triable by Magistrate. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.12.2025 i.e for last more than four months. 9. Per contra, learned AGA as well as learned counsel for the informant have opposed the prayer for bail and submit that applicant along with other co-accused intentionally cheated the informant and purchased his property by using imposter and, thereafter, on the same day, he sold that property to another person and this fact clearly suggests that he was having intention to cheat the informant and, therefore, he does not deserve the bail. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, there is allegation that applicant by using imposter got executed sale deed of the property of the informant in his favour and, thereafter, on the same day, he executed sale deed of the property in favour of the another person but according to the applicant, he is the bona-fide purchaser. At this stage, the factual dispute cannot be settled whether the applicant is bona-fide purchaser or not. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.12.2025 i.e for last more than four months and all the alleged offences are triable by Magistrate. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant -Umesh Kesharvani 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 the court concerned with the following conditions:- BAIL No. 5865 of 2026 2 (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 Mini BAIL No. 5865 of 2026 3 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad