Neutral Citation No. - 2025:AHC:83683 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1858 of 2025 Applicant :- Brijesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 305 of 2023, under Sections 406, 354, 504, 506, 511 I.P.C., Police Station -Chaubepur, District- Kanpur Nagar, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant were engaged in business transaction since long. Counsel for the applicant contends that a purely commercial dispute between the parties has been given colour of a criminal case. There are inconsistencies in the version of F.I.R. and in the statement of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. An exaggerated version has been narrated in the statement of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. to aggravate the offence and save the failing prosecution case. It is next contended that the applicant did not act inappropriately with the victim. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant and the informant were engaged in business transaction, pure commercial dispute between the two parties has been given colour of a criminal case, there are inconsistencies in the version of F.I.R. and in the statement of the victim under Section 161 Cr.P.C. and 164 Cr.P.C., investigation has been completed, charge sheet has been filed, the applicant had cooperated in the investigation, the applicant has been summoned by the concerned court, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Brijesh Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, 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 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad