1. Heard Sri Upendra Upadhyay, learned counsel for the applicant, Sri P. C. Srivastava, learned Additional Advocate General, along with learned A.G.A. for the State and perused the entire record.

2. The present bail application has been filed by the applicant in case crime No. 400 of 2023, under Sections-386, 342, 420, 120-B I.P.C., Police Station - Kotwali, District - Ghazipur, with the prayer to enlarge the applicant on bail.

3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant belongs to political family and he is member of Legislative Assembly and he has been falsely implicated due to political enmity. The applicant has also been a renowned sport person and he has played at national level. The alleged incident has been shown of year 2012, wherein, a registered sale-deed was executed by the informant in favour of applicant-accused but at that time no complaint was made. After about eleven years, first information report of this case was lodged on 12.8.2023, alleging that the applicant and co-accused persons have got registered the sale-deed by extending threats to the informant and that the consideration amount was not paid. Learned counsel submitted that the said land was transferred by the informant by a registered sale-deed and a total amount of Rs. 20,50,000/- (Twenty Lacs fifty thousands only) was transferred into the bank account of informant and the remaining amount Rs. 4,50,000/ was paid in cash. The allegation of informant that the said sale-deed was got executed by extending threats or that consideration amount was not paid, is wholly false and improbable. Learned counsel further submitted that in the year, 2020 the informant has filed a civil suit against applicant-accused vide Original Suit No. 308 of 2020 before the court of Civil Judge (S.D.), Ghazipur regarding same sale-deed, wherein, his main allegation is that the said land was sold against a consideration of Rs. 25,00,000/- (Twenty Lacs Only) but out of that consideration amount, Rs. 4,50,000/- (Four Lacs Fifty Thousands) were not paid to him. The allegation in the first information report that amount of Rs. 20,50,000/, transferred in to account of informant through four cheques, was got withdrawn by the accused persons is wholly false and said version is not consistent with the averments of civil suit filed by the informant. In the said civil suit there are no such allegations that the said sale- deed was got executed by extending threats or that amount of Rs. 20,50,000/ transferred in to account of informant was got withdrawn by the accused persons. The said civil suit is still pending before the Civil Court and said sale deed has not been cancelled so far. Criminal history of 8 cases has been shown against the applicant and out of those cases, he has been granted bail in several cases and the criminal history has been explained in the affidavit. Co-accused Anwar Shajad has already been granted bail by this court vide order dated 04.12.2023. Learned counsel submitted that the case is triable by the Court of Magistrate. Lastly, it was submitted that the applicant is in judicial custody since 12.9.2023 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

4. Sri P. C. Srivastava, learned Additional Advocate General has strongly opposed the prayer of bail and submitted that there are clear allegations that the informant was threatened by the applicant and co-accused persons to transfer his land in favour of applicant- accused and due to said threats, the informant has executed the sale-deed of his property in favour of applicant-accused Abbas Ansari. Applicant-accused is beneficiary of the crime in question. Referring to the statement of the Branch Manager, it was pointed out that initially a cheque of Rs. 5,00,000/- (Five Lacs) was deposited in the account of informant but on the same day that amount was withdrawn through co-