HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 989 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Anagh Mishra, the learned counsel for the applicant as well as Sri Prashant Tripathi, learned A.G.A. 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. 113/2022, under Sections 419, 420, 467, 468, 471, 504 IPC, 1860, Police Station Bijnour, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.02.2022 against seven persons, including the applicant and his wife, stating that the informant runs Vinayak Medicare Hospital, Lucknow whereas she is working as H.R. Director. The informant had entered into an agreement with Proto Engineering Company situated in Maharastra for setting up an Oxygen Plant in her hospital for a consideration of Rs. 33 Lakh. The applicant is the proprietor of Proto Engineering Company. The complainant had paid Rs. 1 lakh to the company on 01.07.2021 thereafter Rs. 4 Lakh were transferred to the bank account of the company but subsequently the applicant stated that due to the lockdown, the cost has increased and the informant paid a further sum of Rs. 5 lakh on 27.08.2021. Till October, 2021, the complainant had paid Rs. 30 lakh to the company but delivery of the plant was delayed. On 14.01.2022, some parts of the plant were sent but compressor etc. were not sent. Versus Counsel for Applicant(s) : Anagh Misra Counsel for Opposite Party(s) : G.A. Satya Narayan Patri .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 4. In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in 5 other criminal cases have been disclosed in paragraph 7 of the supplementary affidavit, 2 of which are complaints under Section 138 of the Negotiable Instruments Act, in 2 other cases the investigation is still continuing and in 1 case the applicant has been granted bail. 5. Learned AGA has opposed the application and he has submitted that the allegations have been established during investigation and a charge sheet has already been submitted on 15.12.2022. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations levelled in the FIR, prima facie, make out some breach in performance of a commercial contract, which appears to be a dispute which is inherently of a civil nature ; that the applicant has no criminal history, the investigation already stands concluded, I am of the view that the applicant is also entitled to be granted anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Satya Narayan Patri before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 ABAIL No. 989 of 2025 2 fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 11, 2025 Pradeep/- ABAIL No. 989 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench