HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6215 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Akhand Pratap Tripathi, learned counsel for the applicants and Dr.S.B. Maurya, learned A.G.A.-I for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 368 of 2023, under Sections 420, 406, 467, 468, 471 and 120B IPC, Police Station- Hariparvat, District-Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicants submits that, as per allegation, applicants were director of the private limited firm, which dealt in trading of iron rods and an agreement was executed between the firms of applicants and informant to provide 100 tones of iron rods and after that an amount of about Rs. 42,52,000/- were transferred by the informant in favour of the firm of the applicants and, thereafter, applicants' firm also issued credit note to him but when in time firm of the applicants could not provide material to the firm of the informant then he lodged the FIR against them. 4. He further submits that it is a case in which it appears as firm of the applicants, breached the agreement, therefore, FIR of the present was lodged and, therefore, present dispute attract civil liability. He further submits, even from the record, it reflects that applicants were not having any intention to cheat the informant. Versus Counsel for Applicant(s) : Akhand Pratap Tripathi Counsel for Opposite Party(s) : G.A. Tanmay Alias Tanmay Bandhopadhyay And And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 5. He further submits, however, apart from the present case, applicants are having criminal history of 16 other cases with similar allegation but entire criminal history have been explained and in 14 cases, applicants have been released on bail. 6. He further submits, all the alleged offences are triable by Magistrate and in the present matter, applicants are in jail since 02.05.2024 i.e., for the last more than two years. 7. He further submits that therefore, considering the facts and circumstances of the case, applicants may be enlarged on bail. 8. Per contra, learned AGA however opposed the prayer but could not dispute the argument on facts advanced by the learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, there is allegation of misappropriation of amount of more than Rs. 42,00,000/- of informant against the applicants but considering the nature of allegation levelled against them, prima facie, it appears to be a case of breach of contract. 11. Further, however, apart from the present case, applicants are having criminal history of sixteen other cases but their entire criminal history have been explained and in 14 cases, applicants are on bail. 12. Further, all the alleged offences are triable by Magistrate and in the present matter, applicants are in jail since 02.05.2024 i.e., for the last more than two years. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. BAIL No. 6215 of 2026 2 15. Let the applicants- Tanmay alias Tanmay Bandhopadhyay and Subhmay Banerjee be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 Mini BAIL No. 6215 of 2026 3 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad