Neutral Citation No. - 2025:AHC-LKO:48363 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 479 of 2025 Applicant :- Uma Shankar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mahmood Alam,Hari Govind Dubey Counsel for Opposite Party :- G.A.,Manoj Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Hari Govind Dubey, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 02.05.2025: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. 2. Issue notice to opposite party no. 2. 3. This first anticipatory bail applicantion has been filed with regard to Case Crime No. 568 of 2023 under Sections 419, 420, 467, 468, 471, 409, 506, 120-B IPC, Police Station Risia, District Bahraich. 4. As per contents of First Information Report, the applicant was allegedly aguarantor in a business transaction regarding supply of rice by the informant to co-accused. It is stated that despite supply of the said product, sale consideration thereof was not made by the co-accused. 5. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that the FIR clearly indicates a business transaction having gone bad. It is submitted that there is no specific allegation levelled against applicant of being responsible for non-payment of sale consideration and is in fact indicated only as a mediator in the said transaction. It is submitted that applicant was earlier granted stay from arrest in Criminal Misc. Writ Petition No. 441 of 2024 and is co-operated during the course of investigation whereafter charge-sheet has been filed. 6. Learned AGA has opposed bail application but admits that there is no previous criminal history of applicant. It is also submitted that charge- sheet against applicant has not yet been filed. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that contents of FIR clearly indicate a business transaction which has not been fruitful. The aspect of commercial dispute which can be settled is an aspect requiring consideration. The applicant does not have any previous criminal history and is said to have co-operated during investigation. 8.Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Uma Shankar Mishra shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant 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. 9. List this case on 19.05.2025, as fresh alongwith service report. 10. Objections may be filed in the meantime." 3. The State has filed a counter affidavit opposing the anticipatory bail application annexing therewith the copies of the materials collected during the investigation and a copy of the charge sheet dated 28.07.2024. He has submitted that 4. The learned counsel for the applicant states that the applicant has already furnished bail bond. 5. The learned A.G.A. has submitted that the allegations levelled against the applicant have been established during the investigation and the charge sheet has been submitted against the applicant. However, he does not allege misuse of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 02.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench