HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8145 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ankit Tyagi, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 58 of 2025 under Sections 406, 420, 467, 468, 471, 120B IPC, Police Station Fatehpur, District Saharanpur with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is submitted that as per the FIR the allegation against the applicant is that he did not abide by the agreement entered into between him and the first informant. It is further alleged that an agreement was entered into between the applicant and the first informant and as per terms of the said agreement the applicant was to pay Rs. 1,64,000/- per month to the first informant. It is submitted that the applicant used to pay the said amount for some month but thereafter he stopped making payment and thereby he committed criminal breach of the agreement. It is further submitted that the offences under Sections 420 and 406 cannot stand together in view of the law laid down by Hon'ble Apex Court in the case of Delhi Race Club (1940)Ltd and others vs. State of Uttar Pradesh and another, 2024 4 ACR 610. It is further submitted that co-accused Shivang Dhillo has already been granted bail by a co-ordinate Bench of Versus Counsel for Applicant(s) : Ankit Tyagi, Pankaj Kumar Tyagi Counsel for Opposite Party(s) : G.A. Tripesh Goel .....Applicant(s) State of U.P. .....Opposite Party(s) this Court vide order dated 19.8.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 6439 of 2024. It is further submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the allegation against the applicant is that he committed criminal breach of the agreement and he stopped making payment of Rs. 1,64,000/- to the first informant. The co-accused Shivang Dhillo has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.8.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 6439 of 2024. The applicant is having no criminal history. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. NABAIL No. 8145 of 2025 2 10. In the event of arrest of the applicant- Tripesh Goel involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 14, 2025 Abhishek NABAIL No. 8145 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad