Neutral Citation No. - 2025:AHC:124829 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5742 of 2025 Applicant :- Sher Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Wadood,Rajrshi Gupta,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Rajrshi Gupta, learned Sr. Advocate, assisted by Mohammad Wadood, counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State, Sri Jitendra Prasad Mishra, counsel for the informant and perused the record. 2. The application has been filed with a prayer to enlarge the applicant on anticipatory bail in Case Crime No. 331 of 2024, under Sections 318(4), 316(2), 338, 336(3), 340(2), 61(2), 352, 351(3) of B.N.S., Police Station- Qutubsher, District- Saharanpur, during pendency of the trial. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The informant was involved in real estate business. The sale deed dated 05.06.2024 was executed by the informant in favour of the applicant. The sale consideration as mentioned in the sale deed was not paid. Thereafter, the applicant and the informant entered into a compromise dated 10.01.2025. It is contended that the dispute between the parties was essentially a civil dispute resulting from a breach of contract. There is no averment in the first information report that the applicant had an intention to cheat the informant from the very beginning of the transaction. At this stage, there is no credible evidence against the applicant. Identically placed co-accused Mohammad Akbar has been granted anticipatory bail till submission of Police report by this Court vide order dated 10.03.2025 passed in Criminal Misc. Anticipatory Bail Application No. 12257 of 2024 (Mohammad Akbar vs. State of U.P.). The applicant claims parity. 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 granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the dispute between the parties was essentially a civil dispute resulting from a breach of contract, there is no averment in the first information report that the applicant had an intention to cheat the informant from the very beginning of the transaction, at this stage, there is no substantive evidence against the applicant, the fact that identically placed co- accused Mohammad Akbar has been granted anticipatory bail till submission of Police report by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Sher Khan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 29.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad