Neutral Citation No. - 2025:AHC:124103 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2595 of 2025 Applicant :- Omprakash Kasera And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh,Preeti Dwivedi Counsel for Opposite Party :- G.A.,Pramod Kumar Shukla,Prashant Singh Hon'ble Vivek Varma,J. 1. Case called out. Learned counsel for the informant is not present. 2. Heard learned counsel for the applicants and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 109 of 2024, under Sections 406, 420, 504, 506, 477 I.P.C., Police Station Chock, District Varanasi. 4. At the outset learned counsel for the applicants submits that the present application on behalf of the applicant no. 1 has been rendered infructuous. 5. Accordingly, this application on behalf of the applicant no. 1 is dismissed as infructuous. 6. Insofar as applicant no. 2 is concerned, learned counsel for the applicants submits that the applicant no. 2 has been falsely implicated in the present case. The applicant no. 2 and the informant were engaged in business transactions since long. A wholly commercial dispute between the parties has been given colour of a criminal case. At this stage there is no credible evidence to link the applicant no. 2 with the offence. The applicant no. 2 has no criminal antecedents. Investigation has been completed. Charge-sheet has been submitted. The applicant no. 2 had cooperated in the investigation. No custodial interrogation is required. The applicant no. 2 has been summoned by the court concerned. The applicant no. 2 has apprehension of his arrest in the above mentioned case. 7. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 8. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the applicant no. 2 and the informant were engaged in business transactions since long; a wholly commercial dispute between the parties has been given colour of a criminal case; and, at this stage there is no substantive evidence to link the applicant no. 2 with the offence, without commenting on merits of the case, I am of the opinion that the applicant no. 2 is entitled to be enlarged on anticipatory bail. 9. In the event of arrest, the applicant no. 2- Rahul Kasera, 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 no. 2 shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant no. 2 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 no. 2 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. 10. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 11. The application stands disposed of. Order Date :- 28.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad