Allahabad High Court

RAVI KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court allowed and confirmed the anticipatory bail for the applicants on the same terms and conditions as earlier.

Summary

The applicants, Ravi Kumar and Danveer, entered into an agreement to issue a series of cheques to the informant, but the informant lodged an FIR alleging criminal offences despite the agreement. The applicants sought anticipatory bail under Section 482 of the B.N.S., 2023, claiming the dispute was civil in nature and that they would honor the cheques. The court initially granted interim anticipatory bail with conditions, and later the applicants produced a Rs. 5 lakh demand draft to demonstrate their bona fides. The informant acknowledged receipt of the draft but said the balance remained unpaid. Considering the payment and the circumstances, the court confirmed the interim anticipatory bail and allowed the application, imposing the same conditions as before, while expressly stating that this does not constitute an opinion on the merits of the underlying case.

Issues considered

Whether anticipatory bail can be granted when the underlying dispute is essentially civil.
Whether the payment of a demand draft by the applicants demonstrates sufficient bona fides to justify confirming anticipatory bail.
Whether Section 482 of the B.N.S., 2023 permits the court to grant anticipatory bail in such circumstances.

Legislation cited

B.N.S., 2023 — s. 318(4), 336(3), 338, 340(2), 351(2), 352, 482, 61(2)

Subjects

anticipatory bail
civil dispute
criminal procedure
Section 482
bona fides
payment draft
bail conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8418 of 2026

Ravi Kumar And Another
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : Arvind Kumar Srivastava, Devendra
Singh, G.A.

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.
NABAIL No. 8418 of 2026
2

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
3

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.

(Rajiv Lochan Shukla,J.)
September 8, 2026
Kushal

Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad

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