HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1103 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amritesh Kumar Tripathi, learned counsel for the applicant, Sri Mayank Sinha, learned A.G.A. appearing on behalf of the State as well as Sri Yogendra Singh, learned counsel for the complainant and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.80/2021, under Sections- 406, 409, 504, 506 and 120B I.P.C., registered at Police Station- Hazaratganj, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.02.2021 against four persons including the applicant and his two sons stating that the other accused person- Jay Kumar Singh was an old acquaintance of the complainant. He had introduced the complainant to the applicant and his sons. The accused persons had demanded Rs.1,45,00,000/- from the complainant in the month of January 2019 for a period of two months and the complainant had transferred the amount to the company named Jayshakti Riyalcon Pvt. Ltd., which is a company of the co-accused person, on 19.01.2019 and 14.02.2019 but the money has not been returned. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely Versus Counsel for Applicant(s) : Amritesh Kumar Tripathi, Parth Srivastava Counsel for Opposite Party(s) : G.A. Shiv Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. .....Opposite Party(s) implicated in the present case and he has no criminal history. 5. Co-accused, namely, Rana Nagesh Pratap who was implicated in this case during the investigation has been granted bail by means of an order dated 18.07.2025 passed by this Court in Criminal Misc. Bail Application No.3612 of 2025. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and the investigation in the present matter is still going on. 7. Learned counsel for the complainant has also opposed the prayer of applicant and submitted that the applicant is guilty of cheating the complainant, therefore, he is not entitled to be granted pre-arrest bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view allegations in FIR which are regarding non-return of amount which has been given as loan to the company, in which, the applicant is a director and no proceeding for recovery of the said amount has been instituted by the complainant. The FIR has been lodged by the complainant to put pressure on the accused persons to make payment of the amount of loan without taking recourse of any civil proceeding, coupled with the fact that the applicant has no criminal history, the investigation is still going on and he has undertaken to cooperate in the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Shiv Pratap Singh before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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; ABAIL No. 1103 of 2025 2 (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. September 26, 2025 V. Sinha ABAIL No. 1103 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench