HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3041 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, the Learned counsel for the applicant, the Learned counsel for the informant and the Learned A.G.A. for the State. 2. This Court on 6.4.2026 has passed the following order:- "1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. The present application has been moved on behalf of applicant, Rajesh Sharma, seeking anticipatory bail in Case Crime No. 358 of 2025, under Sections 115(2), 316(2), 109, 352, 351(3), 324(4) of B.N.S., Police Station Dankaur, District Gautam Buddha Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that as per F.I.R. allegation the main allegation against the applicant is that he took money from the informant for purchasing of plot and he is ready to pay the entire due amount. In the matter till date charge sheet has not been filed and the investigation Versus Counsel for Applicant(s) : Abhishek Kumar Shukla, Dinesh Kumar Tiwari Counsel for Opposite Party(s) : G.A., Rakesh Kumar Srivastava Rajesh Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) is going on. The applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail. 5. Learned counsel for the informant submits that if the applicant is ready to pay the due amount, he has no objection. However, he stated that some short time may be granted to the applicant for depositing the amount and he may be enlarged on interim bail. 6. Having considered the rival submissions advanced by the learned counsel for the parties and considering the fact that applicant is ready to pay the entire due amount, it is provided that till the next date of listing, the applicant- Rajesh Sharma, is granted interim anticipatory bail in the aforesaid case crime, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- NABAIL No. 3041 of 2026 2 (i) The applicant shall deposit the entire due amount to the informant before the next date of listing and shall produce the proof of deposit so made before this court by filing an affidavit on the next date fixed. (ii) The applicant shall attend the court proceedings as and when required. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iv) The applicant shall not leave India without the previous permission of the court. 7. In failure to comply this order, the interim anticipatory bail granted today to the applicant shall stand cancelled. 8. List on 15.04.2026 as the first case of the day." 3. Thereafter, the interim order was extended on 15.04.2026 and the following order was passed:- 1. Heard Shri Abhishek Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Rakesh Kumar Srivastava, learned counsel for the informant and perused the material brought on record. 2. On one of the submissions of learned counsel for the applicant that applicant is ready to pay the entire due amount, this Court vide order dated 06.04.2026 has granted interim anticipatory bail application till today with the condition that the applicant shall deposit the entire due amount to the informant on or before the next date fixed. NABAIL No. 3041 of 2026 3 3. Today, in compliance of the order dated 06.04.2026 the learned counsel for the applicant has handed over a demand draft of one lakh rupees and a cheque of four lakh rupees issued by the applicant in favour of the informant, which has been accepted by the learned counsel for the informant. Learned counsel for the applicant further submits that at present applicant is not having sufficient funds, therefore, some time may be granted to him so that the said cheque would not be dishonoured. 4. Learned counsel for the informant has no objection. He has also endorsed details of aforesaid demand draft and cheque handed over to him in the order sheet of the case. 5. In view of above, the interim order granted earlier is extended till the next date of listing. 6. List on 27.05.2026. 4. The interim order had been extended over a period of time and lastly on 21.7.2026 the following order was passed:- "1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. 2. Learned counsel for the the informant has submitted that this Court vide order dated 6.4.2026 had recorded the submission of the applicant that he is ready to pay the entire due amount till the next date of listing. 3. Learned counsel for the applicant states that a demand draft of Rs. 1 lakh was handed over and a cheque of Rs. 4 lakh was then handed over. The cheque that was handed over was dishonoured after which the Learned counsel for the applicant had stated before this Court that Rs. 3 lakh had been sent in the account of the informant through RTGS. However, only Rs.99,000/- has been deposited and a false statement has been made before this Court. NABAIL No. 3041 of 2026 4 4. The fact that Rs. 3 lakh was not sent through RTGS on 8.7.2026 ,has not been disputed by the Learned counsel for the applicant. The statement given in the Court was incorrect and in view of the same, it would not be appropriate to extend the interim order granted in favour of the applicant. 5. List on 3.8.2026." 5. The interim order was then again extended on 24.8.2026. 6. Today, when the case has been called on, the Learned counsels for the parties have stated that now no dispute with respect to payment of money remains and the dues that were required to be paid have been paid till date. 7. In the view of the Court, it would be appropriate to dispose of this application after confirming the interim order that had been granted in favour of the applicant vide the order dated 6.04.2026. 8. Learned counsel for the informant has no objection to the said prayer. 9. In view of the above, I deem it appropriate to confirm the interim anticipatory bail granted to the applicant by the previous order of this Court dated 06.04.2026. 10. The anticipatory bail application of the applicant is allowed . 11. In the event of the arrest of the applicant Rajesh Sharma, he shall be released forthwith in the Case Crime No. 358 of 2025, under Sections 115(2), 316(2), 109, 352, 351(3), 324(4) of B.N.S., Police Station Dankaur, District Gautam Buddha Nagar, on anticipatory bail on the same terms and conditions as provided in the order dated 6.04.2026. September 30, 2026/Sachin NABAIL No. 3041 of 2026 5 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad