Neutral Citation No. - 2025:AHC-LKO:43394 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 441 of 2025 Applicant :- Akash Kumar Chaurasiya @ Akash Chaurasiya And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.,Trinetra Shankar Pandey Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application praying for grant of anticipatory bail in Case Crime no.363 of 2022 under Sections 420/406 I.P.C., P.S. Raunahi, District Faizabad/Ayodhya. 2.Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State who has opposed the bail. 3.This Court while giving interim protection has passed the following order on 23.4.2025: "1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.363 of 2022 under Sections 420/406 I.P.C., P.S. Raunahi, District Faizabad/Ayodhya. 4. As per contents of first information report, applicants allegedly duped informant of a substantial sum of money on the promise of executing a sale deed for a house/shop, which was not made good. 5. It has been submitted that applicants have been falsely implicated in charges levelled against them and that even otherwise from a bare perusal of the F.I.R., it is evident that allegations levelled are clearly civil in nature with an unnecessary criminal colour being given to them. It is submitted that there is serious difference between an aspect of cheating and breach of promise. It is submitted that applicants do not have any previous criminal history. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that allegations levelled clearly make out a case of cheating although it is admitted that applicants do not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that as per allegations levelled in the F.I.R., the aspect of cheating vis-a-vis breach of promise would require consideration; at this stage, it appears that dispute is purely civil in nature. Applicants admittedly do not have any previous criminal history. It is admitted that charge sheet has also been field in the matter. 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 applicants under Section 438 Cr.P.C./482 BNNS. 8. List this case on 16.05.2025 as fresh, along with service report. 9. Objections may be filed in the meantime. 10. In view of the above, it is provided that in the event of arrest, the applicants Akash Kumar Chaurasiya @ Akash Chaurasiya and Savitri @ Savitri Chaurasiya shall be released on interim anticipatory bail in aforesaid Case Crime number on each of them furnishing a personal bond with two sureties in the like amount to the satisfaction of court concerned with the following conditions:- (i) The applicants 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed." 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, offences are triable by Magistrate, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. Order Date :- 28.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench