Neutral Citation No. - 2025:AHC-LKO:27485 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 61 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Umesh Singh,Amit Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no. 1. 1A. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.0581 of 2024, under Sections 419, 420, 467, 468, 471 IPC and Section 138 Negotiable Instruments Act, Police Station Akbarpur, District Ambedkar Nagar. 3. As per contents of first information report, the applicant allegedly entered into an agreement to sale with the informant who wished to sell off her property. The FIR states that in lieu thereof, a sum of Rs.2,00,000/- was advanced by the applicant by way of cheques which were subsequently dishonoured and no subsequent sale-deed was executed. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him/her which would be evident from a bare perusal of the FIR. It is submitted that in fact it was the informant who was required to execute a sale- deed being the owner of the property and instead has lodged an FIR against the applicant himself who was seeking to purchase the property. It is therefore submitted that sections imputed against the applicant are clearly not made out. 5. Learned Additional Government Advocate has opposed interim anticipatory bail with the submission that the applicant is not cooperating in the investigation due to which non-bailable warrants and subsequently process under section 82 Cr.P.C. has also been issued. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the entire gist of allegation levelled against applicant is dishonour of cheques in lieu of agreement to sale being executed. Admittedly as per the FIR, the applicant is in fact the person who seeks to purchase the property and apparently it was for the informant to have executed a sale-deed. It is admitted that applicant does not have any previous criminal history and undertakes to cooperate during the process of investigation. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Pradeep Kumar shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicant 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 8. The application stands disposed of. Order Date :- 9.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench