Neutral Citation No. - 2025:AHC:30783 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11868 of 2024 Applicant :- Har Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 499 of 2019, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station C.B. Ganj, District- Bareilly, during the pendency of trial. 4. Counsel for the applicant submits that the applicants have been falsely implicated in the instant case. The matter is purely civil in nature and criminal prosecution of the applicants, at the behest of opposite party no.2, is noting but gross misuse of process of law. It is next contended that the applicants are real brothers and they were granted loan by the Bank concerned under KCC Scheme having joint account no.55600500000759. The applicants have paid entire dues of Bank and account was closed on 24.8.2021. Further, during the pendency of the investigation, the applicants were granted interim protection by this Court till submission of police report vide order dated 03.02.2022 passed in Criminal Misc. Anticipatory Bail Application No.323 of 2022 (Har Prasad and another vs. State of U.P. and another). The investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicants, and the fact that the matter is purely civil in nature, the applicants have paid entire dues of Bank and account was closed on 24.8.2021 and during the course of investigation, the applicants were granted interim protection by this Court till submission of police report. The applicants had cooperated in the investigation and no custodial interrogation is required. Without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Har Prasad and Thakur Das, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 4.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad