Neutral Citation No. - 2025:AHC:113005 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4758 of 2025 Applicant :- Ahsan Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tandon,Sunny Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.,Sundeep Shukla Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Sandeep Shukla, counsel for the informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0457 of 2024, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station- Lisarigate, District- Meerut. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. A wholly commercial dispute between the parties has been given colour of a criminal case. Admittedly, seven to eight lakhs rupees were paid to the informant, therefore, dishonest intention from the very beginning was not there. The instant prosecution is only for the recovery of the outstanding amount, which can be realised by taking recourse to appropriate civil proceedings. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Rikhab Birani and another vs. State of Uttar Pradesh and another, arising out of SLP (Crl.) No. 8592 of 2024 decided on 16.04.2025. Further, the applicant has neither forged nor manipulated any documents. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail. Counsel for the informant submitted that the applicant and another co-accused had earlier approached this court by filing Criminal Misc. Writ Petition No. 23603 of 2024 (Ahasan and another vs. State of U.P. and others). On 22.01.2025, this court passed an interim order in favour of the applicant. Subsequently, the interim order was vacated on 12.03.2025. The writ petition is still pending consideration. The applicant is not entitled for any relief. Learned A.G.A. submits that the custodial interrogation of the applicant is required for completing the investigation. 5. Having regard to the submissions made by counsel for the parties, considering the nature of accusations, antecedents of the applicant and the fact that the case is purely civil in nature, as per the first information report Rs. 7 to 8 lakhs were paid to the informant. Breach of conditions of contract, therefore, at best could give rise to civil liability, further, the writ petition filed by the applicant for quashing of the first information report and application filed for anticipatory bail are all together different remedies, which are to be decided on different sets of considerations and grounds, pendency of the writ petition seeking quashing of the F.I.R. would not create a bar on filing of an application for grant of anticipatory bail and the same has to be considered on its merits. 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 Ahsan Qureshi, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 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 :- 14.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad