Neutral Citation No. - 2025:AHC:22305 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44356 of 2024 Applicant :- Awadh Kishore Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Sharma,Shubham Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 35 of 2017, under Sections 420, 406, 506, 467, 468, 471 IPC, Police Station Quarshi, District Aligarh, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A wholly commercial dispute between the parties has been given color of a criminal case. It is contended that breach of contract/agreement will not give rise to institution of criminal proceedings. Criminal history of the applicant has been explained in para 13 of the affidavit. In all the cases, the applicant has been enlarged on bail by the court concerned. The applicant is in jail since 20.09.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that a commercial dispute between the parties has been given colour of a criminal case. At this stage, there is no substantive evidence to link the applicant. The applicant has remained confined for almost five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Awadh Kishore, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and, (iv) shall not leave the country without the leave of the court concerned. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad