HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 224 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Rishabh Chauhan, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 272 of 2024, under Sections 316(2), 318(4), 352 B.N.S and 3/5/21/23 of Banning of Unregulated Deposit Schemes Act (BUDS Act), registered at Police Station Bangarmau, District Unnao. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2024 against three persons, including the applicant, stating that the accused persons had allured to pay 15 percent return per month and under this allurement, the complainant gave them Rs.5 lakhs. The accused persons gave them returns for three months and, thereafter, the complainant gave a further amount of Rs. 2 lakhs. He has stated that co- accused Anwaruddin had stood surety for repayment of the money but after sometime, the accused persons did not pay any money to the complainant. Versus Counsel for Applicant(s) : Rishabh Chauhan, Atul Krishna, Praveen Kumar Yadav, Varun Singh Counsel for Opposite Party(s) : G.A. Arbaz Khan @ Arbaz @ Kasan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,Lucknow .....Opposite Party(s) 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 6. A supplementary affidavit has been filed by the applicant disclosing his involvement in 13 other criminal cases, which are of similar nature. 7. The learned counsel for the applicant has submitted that co-accused Anwaruddin has filed an application under Section 528 B.N.S.S No. 757 of 2025 and this Court has stayed the proceedings against the aforesaid co-accused person by means of an interim order dated 15.07.2025, taking a view that the dispute was essentially of a civil nature. 8. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that a charge-sheet has been submitted against two co- accused persons on 18.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R averments make out non return of a part of amount invested by the complainant for lucrative returns though some amount has been repayed, which dispute essentially appears to be of a civil nature and that the proceedings of trial against co-accused Anwaruddin, have been stayed on the aforesaid ground, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Arbaz Khan @ Arbaz @ Kasan before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, NABAIL No. 224 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 18, 2025 Preeti NABAIL No. 224 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench