Neutral Citation No. - 2025:AHC-LKO:27194 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 509 of 2025 Applicant :- Deepak Kumar Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 117 of 2023, under Sections 406, 420, 418, 504, 506 IPC, Police Station Kotwali Bhinga, District Shrawasti. 3. As per contents of FIR, allegation levelled is that the applicant and co-accused are co-proprietors of Raftar Infratec Traders and had obtained a loan from the informant for the purpose of expansion of business but the said loan was not returned. 4. It is submitted that the applicant has falsely been implicated in the charges levelled against him and that ex-facie the allegations levelled are purely commercial in nature which are unnecessarily being given a criminal colour. It is submitted that previous criminal history of one case has been explained. 5. Learned A.G.A. has opposed anticipatory bail application but does not dispute the said facts. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that entire gist of allegation levelled against the applicant is of not returning a loan amount which was advanced as business transaction by the informant. The aspect of cheating as opposed to breach of promise would require consideration. The applicant's previous criminal has already been explained. Charge sheet has already been filed in the matter. The applicant has undertaken to cooperate during the course of trial. 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 the above, it is provided that in the event of arrest, applicant Deepak Kumar Vishwakarma 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 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. 8. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 9. The application stands disposed of. Order Date :- 9.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench