Neutral Citation No. - 2025:AHC:13546 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44972 of 2024 Applicant :- Vivek Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.93-A of 2014, under Sections 420, 406, 504, 506 I.P.C., P.S. Kotwali, District Agra, during pendency of the trial. 3. On 23.5.2014 informant moved an application before DIG, Police, Agra. On the same day it was ordered for registration of F.I.R. It is argued by the learned counsel for the applicant that both the parties have lodged the first information report regarding selling silver and receiving money and applicant has falsely been implicated in the present case. Dispute is of civil in nature. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. Prima face dispute relates to business transaction. Present FIR is counterblast of FIR lodged by applicant side. Applicant counsel submits that the applicant claims parity with the co-accused, namely, Ankit Agarwal, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.52868 of 2022 vide order dated 28.01.2023 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is languishing in jail since 21.11.2024 having no previous criminal history. In case, applicant is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Vivek Agarwal, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad