Nakul Kumar vs State Of U.P.
2025 Latest Caselaw 11760 ALL

Citation : 2025 Latest Caselaw 11760 ALL
Judgement Date : 27 October, 2025

Allahabad High Court

Nakul Kumar vs State Of U.P. on 27 October, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:187892
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8573 of 2025   
 
   Nakul Kumar    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ankit Tyagi, Pankaj Kumar Tyagi   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 69
 
   
 
 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ankit Tyagi, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA for the State and perused the record.

2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 58 of 2025, under Sections 406, 420, 467, 468, 471, 120B IPC, Police Station- Fatehpur, District- Saharanpur.

3. Contention of learned counsel for the applicant is that as per the allegation in the FIR, the applicant and other co-accused entered into agreement with the first informant to pay Rs. 1,64,000/- per month towards the amount invested by the first informant but subsequently monthly installment could not be paid to the first informant. Therefore aforesaid allegation does not attract ingredients of cheating as same is breach of contract and remedy lies before the civil court. Counsel for the applicant also submitted that co-accused Tripesh Goal and Shivang Dhilon have been enlarged on anticipatory bail by a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.8145 of 2055 and 6439 of 2024 vide order dated 14.10.2025 and 19.08.2025 respectively, therefore the applicant is also entitled to be released on anticipatory bail till submission of police report .

4. Learned A.G.A. has opposed the prayer for anticipatory bail.

5. Thus, without expressing any opinion on the merits of the case and taking into account the fact that the co-accused have been enlarged on anticipatory bail as well as considering the fact that the dispute is civil in nature and gravity of offence and antecedents of applicants, this Court is of the view that the applicant is entitled to get anticipatory bail till submission of charge sheet under Section 193 BNSS as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

6. In the event of arrest, the applicant Nakul Kumar involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

(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 him from disclosing such facts to the Court or to any police officer;