State of U.P. and Another v. Party

2. Heard Sri Shikhar Neelkanth, learned counsel for the applicants, and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

3. The applicants were granted interim anticipatory bail vide order dated

14.02.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicants; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.302 of 2022, under Sections 420, 406, 506 I.P.C., P.S. Bisrakh, District Gautam Budh Nagar, during pendency of trial.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation alleged in the FIR prima-facie discloses civil nature dispute. It is alleged in the FIR that despite deposition of money, applicants have not handed over possession of flat to the opposite party no.2. Investigating Officer has submitted charge-sheet and notice under section 41(A) Cr.P.C. was served upon the applicants. Applicants have participated 2 ABAIL No. 723 of 2025 in the Investigation proceeding. Charge-sheet has been submitted. Learned magistrate has taken cognizance and issued summons under sections 426, 406, 506 I.P.C. Learned magistrate has not applied his judicial mind and issued summon against the applicants. In case, the applicants are released on bail, they would not misuse the liberty of bail and would co-operate with the trial proceedings. Applicants have definite apprehension of their arrest by the police.

4. Learned A.G.A. and learned counsel for the informant are granted four weeks' time to file counter affidavit.

5. List this case immediately after expiry of the aforesaid period.

6. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case. The applicants shall be released on interim anticipatory bail 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 applicants shall make themself available on each and every date fixed by the court and shall co-operate with trial proceedings. (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 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 and if they have passport, the same shall be deposited by them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurized/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted."

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the Directors of a company known as Future World Green Homes Private Limited. On 26.04.2017 a builder-buyer agreement was executed between the company 3 ABAIL No. 723 of 2025 and the informant. As per the agreement, the possession of the residential flat booked by the informant was to be handed over within a specified period. It is contended that the flats could not be constructed within the stipulated period. It is next contended that the alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong. Further, pursuant to the order dated 14.02.2025 the applicants had furnished bail bonds before the court concerned and are appearing on the dates fixed. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail. The applicants have no criminal antecedents. In case the applicants are released on anticipatory bail till the conclusion of trial, they will not misuse the said liberty.

5. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the alleged non- payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong; the applicants are appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants- Satish Arora, Manoj Kumar Nehra, Amit Chaudhary and Sandeep Arora, involved in Case Crime No. 302 of 2022, under Sections 420, 406, 506 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; 4 ABAIL No. 723 of 2025 (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.

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

9. The application stands disposed of. September 12, 2025 SKT/- (Vivek Varma,J.) SHIVA KANT TIWARI High Court of Judicature at Allahabad

2. Heard Sri Shikhar Neelkanth, learned counsel for the applicants, and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

3. The applicants were granted interim anticipatory bail vide order dated

14.02.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicants; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No.302 of 2022, under Sections 420, 406, 506 I.P.C., P.S. Bisrakh, District Gautam Budh Nagar, during pendency of trial.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation alleged in the FIR prima-facie discloses civil nature dispute. It is alleged in the FIR that despite deposition of money, applicants have not handed over possession of flat to the opposite party no.2. Investigating Officer has submitted charge-sheet and notice under section 41(A) Cr.P.C. was served upon the applicants. Applicants have participated 2 ABAIL No. 723 of 2025 in the Investigation proceeding. Charge-sheet has been submitted. Learned magistrate has taken cognizance and issued summons under sections 426, 406, 506 I.P.C. Learned magistrate has not applied his judicial mind and issued summon against the applicants. In case, the applicants are released on bail, they would not misuse the liberty of bail and would co-operate with the trial proceedings. Applicants have definite apprehension of their arrest by the police.

4. Learned A.G.A. and learned counsel for the informant are granted four weeks' time to file counter affidavit.

5. List this case immediately after expiry of the aforesaid period.

6. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case. The applicants shall be released on interim anticipatory bail 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 applicants shall make themself available on each and every date fixed by the court and shall co-operate with trial proceedings. (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 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 and if they have passport, the same shall be deposited by them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurized/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted."

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the Directors of a company known as Future World Green Homes Private Limited. On 26.04.2017 a builder-buyer agreement was executed between the company 3 ABAIL No. 723 of 2025 and the informant. As per the agreement, the possession of the residential flat booked by the informant was to be handed over within a specified period. It is contended that the flats could not be constructed within the stipulated period. It is next contended that the alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong. Further, pursuant to the order dated 14.02.2025 the applicants had furnished bail bonds before the court concerned and are appearing on the dates fixed. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail. The applicants have no criminal antecedents. In case the applicants are released on anticipatory bail till the conclusion of trial, they will not misuse the said liberty.

5. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the alleged non- payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong; the applicants are appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants- Satish Arora, Manoj Kumar Nehra, Amit Chaudhary and Sandeep Arora, involved in Case Crime No. 302 of 2022, under Sections 420, 406, 506 I.P.C., Police Station Bisrakh, District Gautam Budh Nagar, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; 4 ABAIL No. 723 of 2025 (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.

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

9. The application stands disposed of. September 12, 2025 SKT/- (Vivek Varma,J.) SHIVA KANT TIWARI High Court of Judicature at Allahabad