Neutral Citation No. - 2025:AHC:66263 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3266 of 2025 Applicant :- Vinay Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Nagendra Kumar Mishra, learned brief holder for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 69 of 2023, under Sections 364, 342, 386, 504, 506, 34 of I.P.C., Police Station- Mohammadabad, District- Farrukhabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report was lodged belatedly after almost two and a half years of the alleged incident. The alleged agreement to sale was cancelled on 05.11.2020 and a fresh agreement to sale dated 06.11.2020 was executed between the parties. The cancellation of the earlier agreement to sale was referred in the subsequent agreement to sale. The case is purely civil in nature. The opposite party no. 2 has attempted to cloak it with a criminal flavour to harass the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The case of the applicant is clearly distinguishable from that of other co- accused. Further, during the course of investigation, the applicant was granted anticipatory bail till submission of police report by the Session Judge, Farrukhabad vide order dated 07.06.2023 passed in Anticipatory First Bail Application No. 1227 of 2023 (Vinay Dubey vs. State of U.P.). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. 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 brief holder 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 learned counsel for the applicant, considering the nature of accusations and the fact that the first information report was lodged belatedly, the fact that the case is purely civil in nature, the fact that the cancellation of the earlier agreement to sale was referred in the subsequent agreement to sale, at this stage, there is no substantive evidence against the applicant, the fact that during the course of investigation, the applicant was granted anticipatory bail till submission of police report by the Session Judge, Farrukhabad, charge-sheet has been filed, the applicant had cooperated in the investigation and 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 Vinay Dubey, 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 :- 29.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad