Neutral Citation No. - 2025:AHC:78349 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1364 of 2025 Applicant :- Surendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A.,Ziya Uddin Hon'ble Vivek Varma,J. 1. The applicant was granted interim anticipatory bail by this Court vide order dated 17.3.2025. The order is quoted herein below:- "1. Heard Mohammad Arshad Khan, counsel for the applicant; Sri Ziya Uddin, counsel for opposite party no.2/informant and learned A.G.A. for the State. Perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 577 of 2024, under Sections 420, 406, 467, 468, 471, 506 I.P.C., Police Station Gajraula, District Amroha. 3. Counsel for the applicants submits that the applicant has been falsely implicated in the instant case. After the investigation final report in favour of the applicant was submitted by the Investigating Officer. Thereafter a protest petition was filed. The final report dated 19.9.2024 was rejected and the applicant has been summoned vide order dated 05.12.2024 by the concerned court. It is contended that neither in the F.I.R. nor from the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 420 I.P.C. are made out. There is nothing to show that the applicant had dishonest or fraudulent intention from the very inception. The dispute between the parties was essentially a civil dispute resulting from a breach of contract. No forged document was created by the applicant. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case. 4. Matter requires consideration. 5. Learned AGA as well as counsel for the informant are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. 6. Place this case in the additional cause on 05.05.2025. 7. Till the next date of listing, in the event of arrest of the applicant Surendra Singh in aforesaid case crime number, shall be released on interim anticipatory bail on 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 make himself available on each and every day fixed in the matter 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 from disclosing such facts to the Court. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. " 2. Counsel for the applicant contends that pursuant to the order dated 17.3.2025 the applicant had furnished the bail bonds before the concerned court and is appearing on the dates fixed. The applicant has not forged or manipulated any documents. The necessary ingredients to constitute the offence of cheating and criminal breach of trust are not made out. Further, the applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 3. Learned AGA for the State and counsel for the opposite party no.2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 4. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and antecedents of the applicant; the fact that the case is purely civil in nature; the necessary ingredients to constitute the offence of cheating and criminal breach of trust are not made out; at this stage there is no substantive evidence to link the applicant with the offence; the applicant had cooperated in the investigation; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA and counsel for the informant; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 5. In the event of arrest, the applicant- Surendra Singh, involved in Case Crime No. 577 of 2024, under Sections 420, 406, 467, 468, 471, 506 I.P.C., Police Station Gajraula, District Amroha, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 6. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 7. The application stands disposed of. Order Date :- 13.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad