Neutral Citation No. - 2025:AHC:117114 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2738 of 2024 Applicant :- Hariom Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A.,Rishi Kant Rai,Tej Bahadur Rai WITH Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4436 of 2024 Applicant :- Abubakr Ali Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A.,Tej Bahadur Rai Hon'ble Dr. Gautam Chowdhary,J. 1. List revised. None appears for the informant. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved on behalf of the applicants Hari Om Sharma and Abubakr Ali seeking anticipatory bail in Case Crime No. 268 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station Faizganj Behta, District Budaun with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 08.04.2024 and 02.05.2024 co-ordinate Bench of this Court had granted interim anticipatory bail to the applicants after calling counter and rejoinder affidavits. 4. Apart from several other merit issues arguments advanced by learned counsel for the applicants, learned counsel further submits that the dispute relates to monetary dispute which has been criminal prosecution of the applicants. It is further submitted that the informant has also instituted a civil suit after lodging of the F.I.R., which is pending consideration and therefore institution of two parallel proceedings for the same relief is not maintainable. Learned counsel for the applicants further submits that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertakes to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would abide all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail. 6. In the 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, 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. 7. 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 applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants Hariom Sharma and Abubakr Ali involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on each and every date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants 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. 10. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 18.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad