BAIL GRANTED - High Court of Judicature at Allahabad, Lucknow Bench (Court No. 13), Hon'ble Manish Mathur, J.; Order Date 28.5.2025; Neutral Citation 2025:AHC-LKO:32300. Criminal Misc. Bail Application No. 2561 of 2025 - first bail application of applicant Ram Singh in Case Crime No. 579 of 2023, P.S. Kotwali Nagar, Dist. Ayodhya, under Sections 420, 406, 467, 468, 471, 352, 506 & 120-B IPC. Per the FIR, the applicant's father Ekadashi executed an agreement to sell dated 30th July, 2022 in favour of the informant, although the same property had already been sold by sale deed dated 21st March, 2022 to one Ram Pal Das, and another agreement to sell dated 5th March, 2022 had been executed by Ekadashi in favour of one Amit Kumar Agarwal; the applicant was alleged to be a co-conspirator. Opposing counsel (A.G.A. and counsel for informant) contended the applicant figured as marginal witness in the deeds, was the mastermind since monies paid into Ekadashi's account were allegedly transferred to the applicant's account, and admitted that the applicant's criminal history of 14 cases stood explained; defence counsel urged false implication, that an agreement to sell confers no title and no suit for specific performance had been filed, and that the applicant is in custody since 25th November, 2024. The Court, on consideration, took the primary gist of the allegation to be execution by the father of two agreements to sell over the same property, observed the applicant is indicated as marginal witness in both deeds, noted no suit for specific performance had been filed till date, recorded as settled law that no title passes by an agreement to sell, and expressly left the applicant's complicity to trial evidence. Relying on Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40 (paras 21 and 27 quoted: object of bail neither punitive nor preventative; bail is the rule and committal to jail an exception; refusal of bail restricts Article 21 liberty), and since no reasonable apprehension of tampering with witnesses was alleged, the Court - without expressing any opinion on the merits - allowed the application: release on bail on furnishing a personal bond and two sureties each in the like amount, with four conditions (no adjournment-seeking on evidence dates; presence on each trial date with exposure under Section 229-A IPC; proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC on misuse; personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement).
