HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7561 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Sri Jitendra Prasad Mishra, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard Sri Rajrshi Gupta and Mr. Mohammad Wadood, learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State, and Sri Jitendra Prasad Mishra, learned counsel for the informant, and perused the record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 331 of 2024, under Sections 318(4), 316(2), 338, 336(3), 340(2), 61(2), 352, 351(3) B.N.S., Police Station- Kutubsher, District- Saharanpur, during pendency of the trial. 4. Learned counsel for the applicant contends that the anticipatory bail application of the co-accused was rejected by the Additional Sessions Judge, Court No. 5, Saharanpur vide order dated 04.07.2025 passed in Anticipatory Bail Application No. 2192 of 2025, Sherkhan v. State, and as such, in view of the judgment of the Full Bench of this Court in the case of Ankit Bharti v. State of U.P. and another, 2020 0 Supreme(All) 657, the applicant has approached this Court directly. 5. Counsel for the applicant further contends that the applicant has been falsely implicated in the instant case. The informant is engaged in the real estate business. The sale deeds were executed by the applicant after payment of consideration. The applicant has no concern with the power of attorney Versus Counsel for Applicant(s) : Mohammad Wadood, Rajrshi Gupta, Sr. Advocate Counsel for Opposite Party(s) : G.A. Dilshad .....Applicant(s) State of U.P. .....Opposite Party(s) executed by an imposter. The case is purely civil in nature. The informant has attempted to cloak it with criminal flavour only in order to harass the applicant. The alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong. The essential ingredients to constitute the alleged offences are not made out. 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. 6. Learned A.G.A. and learned counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the facts that the case is purely civil in nature; the alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong; at this stage there is no substantive evidence against the applicant; and, 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. 9. In the event of arrest, the applicant- Dilshad 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; NABAIL No. 7561 of 2025 2 (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. 10. 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. 11. 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. 12. 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. 13. The application stands disposed of. September 16, 2025 SKT/- NABAIL No. 7561 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad