RAVI KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/8418/2026 · 2026-09-07
Rajiv Lochan Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4812 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8418 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. This Court on 24.08.2026 passed the following order :
"1. Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the informant. 2. The learned counsel for the applicants contends that a purely civil dispute has been given the colour of a criminal case. An agreement was executed between the parties on 08.05.2026, and pursuant to the said agreement, a series of cheques spanning four years was issued by the applicants in favour of the informant. The first cheque was to fall due on
21.7.2026. After executing the agreement in question, the informant went ahead and lodged the FIR in violation of the said agreement. The learned counsel for the applicants contends that the applicants still stand by the agreement and the cheques in question, if presented for encashment, would be honoured by the bank. 3. The learned counsel for the informant, on the contrary, has contended that the terms and conditions of the agreement are onerous. Despite the cheques having being issued for specific dates, there is a clause in the agreement stipulating that the same could be presented only after obtaining the approval of the applicants. 4. Replying to the said contention, the learned counsel for the applicants states that the first cheque fell due on 21.07.2026 and that, if the same is presented for encashment, it would be honoured by the bank. Versus Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey Counsel for Opposite Party(s) : Arvind Kumar Srivastava, Devendra Singh, G.A. Ravi Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Upon such assurance being given, the learned counsel for the informant prays that he may be granted a short time to present the cheque in question for encashment. 6. In view of the submissions made by the learned counsel for the parties, put up as fresh on 08.09.2026. 7.
Till 08.09.2026, in the event of the arrest of the applicants- Ravi Kumar and Danveer, involved in Case Crime No. 463 of 2026, under Sections 338, 336(3), 340(2), 352, 351(2), 61(2) and 318(4) of the B.N.S., 2023, Police Station Baraut, District Baghpat, they shall be released on interim anticipatory bail on his furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned, with the following conditions:- i. The applicants shall make themselves available for interrogation by a police officer as and when required; ii. The applicants 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 him from disclosing such facts to the Court or to any police officer; iii. The applicants shall not leave India without the previous permission of the Court; iv. The applicants shall not pressurize/intimidate the prosecution witness;
8. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants."
2. Today, when the case has been called on, a supplementary affidavit has been filed by the Learned counsel for the applicants. The learned counsel for the applicants has stated that the informant presented the disputed cheque for payment on the very next day but the same was dishonoured as there was an advice of stop payment on the said cheque. To show their bona fides the applicants have produced a demand draft of Rs. 5 lakhs drawn in the name of the informant on the HDFC Bank which has been handed over in Court today to the learned counsel for the informant. NABAIL No. 8418 of 2026 2
3. After receipt of the said payment, the Learned counsel for the informant states that the balance amount has not yet been paid which may be paid by the applicants as per the schedule fixed till 2030. 4.
In the opinion of the Court, such an order in an anticipatory bail application cannot be passed. The handing over of the bank draft by the applicants, in the opinion of the Court, shows their bona fides. 5. In view of the payment so made and the other facts and circumstances of the case, I deem it appropriate to confirm the interim anticipatory bail granted to the applicants on the same terms and conditions as fixed in the earlier order. 6. The anticipatory bail application of the applicants is allowed. 7. The interim anticipatory bail granted to the applicants is hereby confirmed. In the event of the arrest of the applicants- Ravi Kumar and Danveer, in the Case Crime No.463 of 2026, under Sections 338, 336(3), 340(2), 352, 351(2), 61(2) and 318(4) of the B.N.S., Police Station Baraut, District Baghpat, they shall be enlarged on anticipatory bail, on the same terms and conditions, as fixed in the earlier order dated
24.08.2026. 8. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 8, 2026 Kushal NABAIL No. 8418 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad