HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4893 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Rupesh Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 656 of 2025, under Sections 316(2), 318(4), 61(2), 126(2), 115(2) and 351(3) of BNS, Police Station Quarsi, District Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is innocent and on the basis of false allegation he has been made accused in the present matter alongwith co- accused Salim. 4. He further submitted that as per allegation co-accused Salim fraudulently executed the sale deed of a property in favour of the informant and in the sale deed applicant was witness. 5. He further submitted that mere on the basis of above allegation it cannot be said that applicant also involved alongwith the co-accused Salim in cheating the informant. 6. He further submitted that even all the alleged offences are triable by Magistrate with maximum punishment of seven years and applicant is having no criminal history and he is in jail in the present matter since 8.1.2026 i.e. for last four months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant alongwith co-accused Salim cheated the informant but it appears co-accused Salim was the principal accused who executed the sale deed of the property in favour of the informant and applicant was only one of the witness in the alleged sale deed. Versus Counsel for Applicant(s) : Rupesh Kumar Singh Counsel for Opposite Party(s) : G.A. Kismat Ali @ Wali Mohammad .....Applicant(s) State of U.P. .....Opposite Party(s) 10. Further, even all the alleged offences are triable by Magistrate with maximum punishment of seven years and applicant is having no criminal history and he is in jail in the present matter since 8.1.2026 i.e. for last four months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Kismat Ali @ Wali Mohammad, 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:- (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. 14. 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. 15. 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 5, 2026 Ankita BAIL No. 4893 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad