HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 622 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 03.06.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party. 2. This 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. From the perusal of the First Information Report, it reveals that the complainant had stated that the named accused Sandeep Singh, who from a particular mobile number as mentioned in the First Information Report, had stated that he wanted to appoint the complainant as the Distributor for Agricultural Fertilizers and other related products. 4. On the persuasion of the accused namely Sandeep Singh, it is alleged that the complainant had deposited money in the account of the accused, however, neither the complainant received the goods nor the amount was returned and as such the accused duped the complainant of Rs. 8, 51,000/-. 5. The submission of learned counsel for the applicant is that the applicant is not named in the First Information Report rather the accused in the First Versus Counsel for Applicant(s) : Surya Narayan Mishra Counsel for Opposite Party(s) : G.A. Vikram Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Information Report is Sandeep Singh. Whereas the present applicant is the Manager of M/s Atul Bio-chemicals which deals with fertilizers and pesticides and on the aforesaid basis since the First Information Report mentions the name of the firm of the applicant, hence, is being harassed by the police. 6. It is further urged that the amount as received by the Firm against which, the applicant had dispatched the products to the complainant. The dispute is purely commercial in nature and the complainant desued to get excess goods in advance without making the necessary advance payment. In order to give colour to the commercial transaction, the instant First Information Report has been lodged. 7.It has also been pointed out that another co-accused namely Shivam Pundir has been granted similar protection in Criminal Misc. Anticipatory Bail Application No. 563 of 2025 vide order dated 28.05.2025 passed by a Coordinate Bench of this Court. 8.It is further urged that the applicant has no criminal history. The applicant has stable house-hold and is engaged in business with roots in the society and neither the applicant is likely to flee or evade investigations nor the applicant can tamper with evidence. The applicant is ready to cooperate in the investigations and in such circumstances, the applicant be granted the benefit of anticipatory bail. 9. Learned A.G.A. has opposed bail application with the submission that primarily the transaction has been admitted by the applicant and since the applicant has not provided the goods against the money received, hence, at this stage, the applicant may not be granted any interim protection. 10. Considering the aforesaid submissions and from the perusal of the material on record, prima facie, the contents and the allegations in the First Information Report relates to a commercial transactions. It is not disputed that the applicant does not have any criminal history and that he has engaged in business. 11. Considering the aforesaid facts and circumstances, this Court finds that an interim protection can be granted to the applicant. 12. Let the accused-applicant Vikram Singh 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. NABAIL No. 622 of 2025 2 13. 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. 14. Objections may be filed in the meantime. 15. List this case along with Criminal Misc. Anticipatory Bail No. 536 of 2025 on 03.07.2025, as fresh." 3. The State has not filed any counter affidavit. 4. No material has come to light which may persuade this court to take a view, other than the view taken by a Coordinate Bench of this Court on 03.06.2025 granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 03.06.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 622 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench