HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11702 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged against the Directors, Managers, Sales Representatives and other staffs of the company with the allegations that they cheated the informant to the tune of Rs. 1,35,200/-. Learned counsel further submits that applicant is one of the Directors of the company namely Rossete Grand Vacations and Resorts Pvt. Ltd., which is engaged in travel and hospitality industry. False allegations have been made and no specific role has been assigned to the applicant. The informant along with his wife have taken membership of the company for ten years Studio All seasons and in this regard they paid an amount of Rs. 1,35,200/- (disputed amount) for their membership in the company by applying and filling up an application form dated 23.09.2023 in which they made their signatures showing they are in agreement with the voucher/ agreements containing terms and conditions of the company and in that terms and conditions there is also one clause regarding arbitration and jurisdiction which reads as, "All or any disputes, differences or questions arising out of this transaction shall be settled by Arbitration by a sole arbitrator to be appointed by RGVPRL. The arbitration proceedings shall be as per the provisions of the Indian Arbitration and Concilliation Act, 1966 including any amendments thereto". Thus, learned counsel for the applicant submits that if there was breach of contract on the part of the company, and/ or if the informant was having any dispute or grievance, he must have to approach Arbitrator as provided in the terms and conditions of the agreement, but instead of taking that recourse the informant has lodged the present F.I.R. with malafide intention and ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, Versus Counsel for Applicant(s) : Niraj Tiwari, Vikas Mani Srivastava, Vikas Singh Counsel for Opposite Party(s) : G.A., Kanhaiya Mishra, Sushant Shekhar Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is languishing in jail since 01.02.2025, with no previous criminal antecedent into his credit. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Shekhar Chaudhary, be enlarged on bail in Case Crime No. 0413 of 2024, under Sections 420, 467, 468, 120-B I.P.C., Police Station- Noida Sector-20, District Gautam Buddha Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 22, 2025 Mustaqeem. BAIL No. 11702 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad