Neutral Citation No. - 2025:AHC-LKO:49071 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 907 of 2025 Applicant :- Manish Mahendra Kumar Gupta (In Fir Kavya Multitrade) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohd Hatim,Shubham Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Hatim, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.124 of 2022, under Sections 420, 406, 467, 468, 471 I.P.C., registered at Police Station Jankipuram, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.03.2022 stating that the complainant is a director of Nimisha Finance India Private Limited, which is a non-banking finance company. The aforesaid company had granted loan of Rs.4,65,00,000/- to another company namely Kavya Multitrade on 02.12.2021. The loan amount was to be repaid in 36 months beginning from January, 2022 but till 29.03.2022 nothing was paid towards repayment of loan amount and upon making enquiries the complainant came to know that the borrower company Kavya Multitrade is a bogus company. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. The learned counsel for the applicant has submitted that a per the law laid down by the Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. Vs. State of U.P.: (2024) 10 SCC 690 the applicant cannot be prosecuted simultaneously for the offences under Section 406 I.P.C. and 420 I.P.C. 5. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that the investigation of the case is still pending. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. discloses existence of a loan agreement between two companies and breach thereof by the borrower company which dispute essentially appears to be of civil nature and there is nothing on record to indicate that the complainant has instituted any proceedings for recovery of the loan amount coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Manish Mahendra Kumar Gupta (in Fir Kavya Multitrade) before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (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. . (Subhash Vidyarthi, J.) Order Date :- 21.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench