HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 536 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Surya Narayan Mishra, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 28.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party. 2. First anticipatory bail application has been filed with regard to case crime No. 405 of 2024, under Sections 316 (2), 319 (2), 318 (4), 338, 336 (3), 340 (2) & 61 B.N.S., P.S. Kaisarganj, District Bahraich. 3. As per contents of F.I.R. in which applicant has not been nominated, allegation levelled is against the father of informant, Sandeep Singh to the effect that he is proprietor of Atul Bio-chemicals and had induced the informant to become a distributor for the said Company but despite substantial amounts being paid to the said person, the material was not supplied. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him only on account of the fact that he is son of the nominated person Sandeep Singh. It is submitted that applicant has neither been nominated in the FIR nor is there any allegation levelled against him and undertakes to co-operate in the investigation, which is still ongoing. 5. Learned A.G.A. has opposed bail application with the submission that in Versus Counsel for Applicant(s) : Surya Narayan Mishra Counsel for Opposite Party(s) : G.A. Shivam Pundir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) fact the amounts were withdrawal utilizing the mobile phone of the applicant himself and his name has surfaced during the course of investigation in which he is not co-operating. 6. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that applicant has neither been nominated in the FIR nor is there any allegation levelled against him. The primary gist of allegation also indicates a commercial dispute between the parties. Investigation is still ongoing and applicant does not have any previous criminal history. 7. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. 8. Let the accused-applicant Shivam Pundir as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 9. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 10. List this case on 03.07.2025, as fresh. 11. Objections may be filed in the meantime. 12. Applicant is directed to appear before the Investigating Officer on 30.05.2025 at 02:00 PM. 13. Learned AGA shall obtain instructions by next date of listing with regard to co-operation of applicant in investigation" NABAIL No. 536 of 2025 2 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and the learned A.G.A has not pointed out any misuse of the liberty of granting interim anticipatory bail to the applicant. 4. The learned A.G.A has stated that the applicant is absconding and is not cooperating with the investigation. 5. In response to the aforesaid statement, the learned counsel for the applicant has submitted that the applicant has appeared before the Investigating Officer and he is still ready and willing to appear before the Investigating Officer and get his statement recorded. 6. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 28.05.2025 granting anticipatory bail to the applicant. 7. In view of above, the interim order dated 28.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order and subject to the condition that the applicant will appear before the Investigating Officer at 11:00 AM on 26.09.2025 and the Investigating Officer shall record his statement on the aforesaid date. September 19, 2025 Preeti NABAIL No. 536 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench