Allahabad High Court

1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and Sri Shashi Kant, counsel for the informant. Perused the material placed on record.

2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.156 of 2024, under sections 420, 406, 506 I.P.C., P.S. Bhopa, District Muzaffar Nagar.

3. This Court vide order dated 4.7.2025 referred the matter to the Mediation Centre of this Court. Pursuant thereto, the parties appeared before the Mediation Centre on the dates fixed. As per report of the Mediation Centre dated 9.9.2025, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The relevant portion of the report is extracted hereinbelow: "8. The following settlement has been arrived at between the Parties hereto:- a) That both the parties have finally and amicably settled their aforesaid dispute by way of one time settlement amount of Rs.11,50,000/- (Rs. Eleven Lakh Fifty Thousand Only) to be paid by the Applicant to the O. P. No.2 for the final settlement of their dispute. b) That in pursuance of the aforesaid agreement between the parties, the Applicant- Yogendra Singh has transferred the aforesaid amount by way of two RTGS entries of Rs.5,75,000/- (Five Lakh Seventy Five Thousand Only) dated 09.09.2025 RTGS- 2 NABAIL No. 5071 of 2025 PSIBR2202509090047833, Rs.5,40,000/- (Rs. Five Lakh Forty Thousand Only) dated

09.09.2025 RTGS-PSIBR2202509090047829 and remaining amount of Rs.35,000/- (Rs. Thirty Five Thousand Only) through NEFT Cheque No. 285419 dated

09.09.2025 of Punjab and Sind Bank, in the account of O. P. No.2. The O. P. No.2- Naim Abbas has consented that all the aforesaid amount has been received by him in his saving account (A/C No. 628401062505) and that no further amount is pending on the applicant. e) That in view of the present Settlement-Agreement and on the successful payment of one time settlement amount of Rs. 11,50,000/- by the applicant to the O.P. No.2, both the parties have mutually consented that no dispute remains between them. d) That both the parties agree that they have no further claims or liabilities against each other and undertake not to contest any litigation in any manner whatsoever related to the instant dispute arising out of Crime No. 156 of 2024, under sections 420, 406, 506 IPC, Police Station Bhopa, District Muzaffar Nagar giving rise to the present Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 5071 of

2025. e) That both the parties agree that after entering into the instant Settlement- Agreement, the parties hereinafter have no dispute with each other and do not want to continue with litigation in any manner whatsoever and undertake not to institute any other litigation with respect to the present matter. That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

9. By signing this Agreement the Parties hereto state that the Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 5071 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

10. That this Settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the Settlement."

4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The alleged non payment of money or breach of terms of the agreement would, at the 3 NABAIL No. 5071 of 2025 most, constitute the civil wrong. Further, the parties have settled their dispute and at present no dispute survives between them. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

5. Counsel for the informant does not dispute the submissions raised by the counsel for the applicant. He submits that the informant has no objection, if the present application is allowed.

6. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the case is purely civil in nature, further, the parties have settled their dispute and at present no dispute survives between them, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till conclusion of trial.

8. In the event of arrest, the applicant Yogendra Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 his before 4 NABAIL No. 5071 of 2025 the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. September 16, 2025 S.S. (Vivek Varma,J.)

1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and Sri Shashi Kant, counsel for the informant. Perused the material placed on record.

2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.156 of 2024, under sections 420, 406, 506 I.P.C., P.S. Bhopa, District Muzaffar Nagar.

3. This Court vide order dated 4.7.2025 referred the matter to the Mediation Centre of this Court. Pursuant thereto, the parties appeared before the Mediation Centre on the dates fixed. As per report of the Mediation Centre dated 9.9.2025, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The relevant portion of the report is extracted hereinbelow: "8. The following settlement has been arrived at between the Parties hereto:- a) That both the parties have finally and amicably settled their aforesaid dispute by way of one time settlement amount of Rs.11,50,000/- (Rs. Eleven Lakh Fifty Thousand Only) to be paid by the Applicant to the O. P. No.2 for the final settlement of their dispute. b) That in pursuance of the aforesaid agreement between the parties, the Applicant- Yogendra Singh has transferred the aforesaid amount by way of two RTGS entries of Rs.5,75,000/- (Five Lakh Seventy Five Thousand Only) dated 09.09.2025 RTGS- 2 NABAIL No. 5071 of 2025 PSIBR2202509090047833, Rs.5,40,000/- (Rs. Five Lakh Forty Thousand Only) dated

09.09.2025 RTGS-PSIBR2202509090047829 and remaining amount of Rs.35,000/- (Rs. Thirty Five Thousand Only) through NEFT Cheque No. 285419 dated

09.09.2025 of Punjab and Sind Bank, in the account of O. P. No.2. The O. P. No.2- Naim Abbas has consented that all the aforesaid amount has been received by him in his saving account (A/C No. 628401062505) and that no further amount is pending on the applicant. e) That in view of the present Settlement-Agreement and on the successful payment of one time settlement amount of Rs. 11,50,000/- by the applicant to the O.P. No.2, both the parties have mutually consented that no dispute remains between them. d) That both the parties agree that they have no further claims or liabilities against each other and undertake not to contest any litigation in any manner whatsoever related to the instant dispute arising out of Crime No. 156 of 2024, under sections 420, 406, 506 IPC, Police Station Bhopa, District Muzaffar Nagar giving rise to the present Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 5071 of

2025. e) That both the parties agree that after entering into the instant Settlement- Agreement, the parties hereinafter have no dispute with each other and do not want to continue with litigation in any manner whatsoever and undertake not to institute any other litigation with respect to the present matter. That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

9. By signing this Agreement the Parties hereto state that the Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 5071 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

10. That this Settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the Settlement."

4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The alleged non payment of money or breach of terms of the agreement would, at the 3 NABAIL No. 5071 of 2025 most, constitute the civil wrong. Further, the parties have settled their dispute and at present no dispute survives between them. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

5. Counsel for the informant does not dispute the submissions raised by the counsel for the applicant. He submits that the informant has no objection, if the present application is allowed.

6. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the case is purely civil in nature, further, the parties have settled their dispute and at present no dispute survives between them, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till conclusion of trial.

8. In the event of arrest, the applicant Yogendra Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 his before 4 NABAIL No. 5071 of 2025 the concerned court.

9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

10. The application stands disposed of. September 16, 2025 S.S. (Vivek Varma,J.)