Neutral Citation No. - 2025:AHC-LKO:26995 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 426 of 2025 Applicant :- Subhash Chand Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Avneesh Kumar Rai,Shiv Kumar Vishwakarma 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.465 of 2024, under Section 120B, 506, 504, 420 and 406 IPC, registered at Police Station Kotwali Nagar, District Ayodhya. 3. As per contents of first information report, allegations levelled against applicant is that he deceived the informant into entering into a partnership and on that basis is said to have obtained huge amount of money from informant which was mis-utilized by him in the course of business. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him/her and even otherwise ex facie FIR indicates only a commercial transaction which is civil in nature and is being given an unnecessary criminal colour. It is submitted that FIR itself admits that a suit for recovery has already been filed by applicant and the FIR is a direct result thereof. It is submitted that investigation is still ongoing in which applicant is cooperating. 5. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute the said facts. It is also admitted that investigation is still ongoing and there is nothing adverse to indicate that the applicant is not cooperating in the same. It is also admitted that applicant does not have any previous criminal history. 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 allegations as alleged in the FIR would be known only a commercial transaction which may have gone bad. It is also indicated in the FIR that applicant has previously filed suit for recovery against the informant and therefore a business transaction is evident. Charge-sheet has not yet been filed and applicant undertakes to cooperate during 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 Subhash Chand 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 :- 8.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench