Neutral Citation No. - 2025:AHC:34995 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13759 of 2024 Petitioner :- Shravan Choudhary Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Kumar Rai,Sheshadri Trivedi,Sr. Advocate Counsel for Respondent :- Abhishek Gupta,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi along with Sri Chandra Kumar Rai, learned counsel for petitioner and Sri Abhishek Gupta, learned counsel for respondent no.2 as well as learned AGA. 2. By means of present petition, petitioner has assailed order dated 05.12.2023 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar, through which application for de-freezing the bank accounts pertain to petitioner, has been rejected in pursuance of Case Crime No.385 of 2023, under Section 420, 506 IPC, P.S. Phase-I, District Gautam Budh Nagar as well as order dated 08.04.2024 passed by learned Additional District and Sessions Judge-II/Special Judge (SC/ST Act), Gautam Budh Nagar whereby Criminal Revision No.25 of 2024 preferred at the behest of petitioner against the said order, has been rejected. 3. Brief facts of the present case are that respondent no.2 lodged an FIR bearing Case Crime No.385 of 2023 implicating the petitioner alleging that petitioner and respondent no.2 entered into an agreement with regard to some property and for the same, respondent no.2 paid Rs.2,33,09,123/- to petitioner, subsequently respondent no.2 came to know that the said property was registered in the name of NOIDA and cannot be transferred, he demanded the said money from petitioner who refused the same. During investigation, the concerned Investigating Officer seized the two bank accounts pertain to petitioner. Against seizure of his bank accounts, petitioner preferred an application before learned court concerned and the same was dismissed vide impugned order dated 05.12.2023. Being aggrieved with the said order, petitioner preferred criminal revision which was also dismissed by learned revisional court vide order dated 08.04.2024 which impugned the present petition. 4. At the very outset, learned Senior Advocate appearing on behalf of petitioner apprised the Court that further proceedings of Case Crime No.385 of 2023 has already been stayed by Coordinate Bench of this Court vide order dated 17.02.2025 passed in Application U/S 482 No.3781 of 2025 preferred at the behest of petitioner and also he has already been granted bail by the concerned court. 5. Learned Senior Advocate appearing on behalf of petitioner submitted that once the proceedings of the present case has already been stayed and by seizure of bank accounts of petitioner, he is suffering from financial problems. Learned Senior Advocate appearing on behalf of petitioner further submitted that although petitioner has not committed any fraud as alleged but at the same time, undertakes that petitioner is ready to deposit sureties to the tune of Rs.2,33,09,123/- before learned court concerned so that no prejudice would be caused to respondent no.2, if bank accounts of petitioner are de-freezed. 6. Per contra, learned counsel for respondent no.2 opposed the prayer so made in the petition but at the same time, he showed his agreement with regard to undertaking given at the behest of petitioner that amount in question will be deposited in shape of sureties by petitioner before the court concerned. 7. In view of the aforesaid facts and circumstances as well as undertaking given at the behest of petitioner, order dated 05.12.2023 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar rejecting the application of petitioner with regard to de-freezing the bank accounts of petitioner in pursuance of Case Crime No.385 of 2023 and order dated 08.04.2024 passed by learned Additional District and Sessions Judge-II/Special Judge (SC/ST Act), Gautam Budh Nagar in Criminal Revision No.25 of 2024 preferred at the behest of petitioner against the said order, are hereby set aside. 8. However, it is made clear that the said sureties shall be given by petitioner before learned court concerned within a month from the date of presentation of a certified copy of this order before it. 9. Accordingly, the instant petition stands allowed. Order Date :- 10.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad