KRISHNA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1102/2025 · 2025-08-27
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159892 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1102 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ajey Singh, the learned counsel appearing on behalf of the applicant, Sri. S.P. Singh, the learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0086 of 2025 under Sections 351(3), 352, 115(2), 316(5) of B.N.S. registered at Police Station- Fakharpur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.04.2025 against four persons, including the applicant, stating that the informant had entered into an agreement with the applicant, who is the proprietor of Krishna Rice Mill, to purchase nine truck loads of rice from the accused persons and he had transferred Rs.1,05,16,134/- as sale consideration. The accused persons supplied merely seven truck loads of rice and they did not supply two trucks of rice worth Rs.21,37,870/- and they did not return the money of the informant. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is an innocent person, he has been falsely been implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that three co-accused persons have been granted bail by means of an order dated 19.08.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1044 of 2025. 6. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that all the accused persons have duped the informant. However, he could not dispute the fact that three co-accused persons have already been granted anticipatory bail. Versus Counsel for Applicant(s) : Ajey Singh Counsel for Opposite Party(s) : G.A. Krishna Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR allegations disclose a commercial transaction between the informant and the applicant and partial breach of contract made by the applicant, which dispute is essentially of civil nature; that the applicant has no criminal history whereas three other co-accused persons have already been granted anticipatory bail in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Krishna Prasad 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 themselves 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. August 27, 2025 Preeti. NABAIL No. 1102 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench