Allahabad High Court
UMESH KESHARVANIversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court granted bail to the applicant without expressing an opinion on the merits of the case.
Summary
The High Court considered a bail application filed by Umesh Kesharvani in a criminal case (Crime No. 92 of 2025) involving alleged cheating, fraud and forgery under sections 419, 420, 467, 468 and 471 IPC. The applicant claimed he was a bona‑fide purchaser of the informant’s property and that the dispute was essentially civil, asserting he had no prior criminal record and had been in custody for over four months. The prosecution argued that the applicant, together with co‑accused, deliberately used an imposter to obtain a sale deed and then immediately sold the property, showing intent to cheat. The court noted that the factual issue of bona‑fide purchase was unresolved but observed that the offences are triable by a magistrate and the applicant had no criminal history. Without passing on the merits, the court granted bail subject to a personal bond, sureties and conditions. The order clarified that the observations are limited to bail and do not affect the trial.
Issues considered
- Whether bail should be granted pending trial for offences under sections 419, 420, 467, 468 and 471 IPC
- Whether the alleged civil nature of the dispute influences the grant of bail
- Whether the applicant's lack of prior criminal record and length of pre‑trial detention justify bail
- Whether the alleged intent to cheat and use of an imposter precludes bail
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- IPC sections 419
- IPC section 420
- IPC section 467
- IPC section 468
- IPC section 471
- cheating
- fraud
- civil dispute
- pre‑trial detention
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5865 of 2026
Umesh Kesharvani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhijeet Kumar Pandey, Indra Kumar
Chaubey
Counsel for Opposite Party(s) : G.A., Kuldeep Mishra, Syed
Shahnawaz Shah
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
BAIL No. 5865 of 2026
2
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
3
(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.
(Sameer Jain,J.)
May 12, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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