Neutral Citation No. - 2025:AHC:6148 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11477 of 2024 Applicant :- Rajesh Kumar Shahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Vinay Kumar Singh Hon'ble Deepak Verma,J. 1. Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Vinay Kumar Singh, learned counsel for the complainant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Complaint Case No.24446 of 2023, under Sections 406, 504 I.P.C., Police Station- Ramgarh Tal, District-Gorakhpur. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant complaint has been lodged through application U/s 156(3) Cr.P.C. with allegation that complainant gave a sum of Rs.6,77,000/- to the applicant in the year 2016 but applicant returned only Rs.75,000/- and rest of the amount Rs.6,02,000/- has not been refunded to the complainant till date. He further submitted that applicant has not taken any money from the complainant and from the record it is evident that applicant immediately returned the money through cheque. Applicant has no previous criminal history. Applicant's counsel undertakes that applicant will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. Sri Singh, complainant's counsel has vehemently opposed the prayer for bail and has submitted that there is direct allegation against the applicant. NBW has been issued against the applicant. Applicant is not participating in trial proceedings as well as he not refunded the amount in dispute. He further submitted that applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant shall be kept in abeyance. 8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 15.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad