Neutral Citation No. - 2025:AHC-LKO:4244 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1811 of 2024 Applicant :- Ram Naresh Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A.,Anurag Singh Hon'ble Shree Prakash Singh,J. Case is called out. None is present for the complainant. Under the aforesaid circumstances, the Court is proceeding in absence of counsel for the complainant. Rejoinder affidavit filed today by counsel for the applicant is taken on record. Heard counsel for the applicant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 136 of 2023, under sections 419, 420, 406, 323, 504 and 506 of IPC Police Station- Tambour District- Sitapur. Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by coordinate bench of this Court to the applicant vide order dated 12.08.2024. The order dated 12.08.2024 is quoted hereinunder :- "1. Heard the counsel for the applicant as well as learned AGA. 2. The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in case crime no.136 of 2023, under Sections 419, 420, 406, 323, 504, 506 IPC, Police Station Tambour, District Sitapur. 3. Vide order dated 18.07.2024, learned court below has rejected application for anticipatory bail of the applicant. 4. It is argued by the counsel for the applicant that the genesis of the dispute is that talks of partnership was going in between the applicant and the informant and certain transactions have also taken place in between them. He draws my attention to the notice, in which, assertions have been leveled that the applicant was advanced certain money for execution of deal, which allegedly has not been done. The counsel for the applicant further draws my attention to the suit for specific relief which has been filed against the applicant. 5. Considering the fact that the genesis of dispute is basically commercial in nature, in which, the present FIR has been filed, a case for anticipatory bail is made out particularly when the applicant is aged about 60 years and has no criminal history, as such, the applicant Ram Naresh Gautam is granted interim bail in aforesaid FIR number with the following conditions: (a) that the applicant shall cooperate with the trial and shall appear in the trial Court through his lawyer; (b) that 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 to any police officer; (c) that the applicant shall not leave India without previous permission of the Court. 6. Let a copy of this order be sent to the opposite party no. 2. 7. Learned AGA as well as the opposite party no. 2 are directed to file the objection within six weeks. 8. List this case on 18.09.2024." The coordinate Bench of this court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 12.08.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the state against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby disposed of while granting bail to the applicant namely, Ram Naresh Gautam till disposal of the trial subject to the following conditions :- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 22.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench