DHEERAJ KUMAR MISHRAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9268 of 2026

Dheeraj Kumar Mishra
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Abhinav Gaur, Ankit Shukla, Mohd.
                                Rashid Siddiqui, Sanket Verma
Counsel for Opposite Party(s) : G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.315 of 2026, under Sections 351(3), 352,
340(2), 336(3), 338, 318(4) and 319(3) BNS, Police Station- Sidhari,
District Azamgarh, with a prayer to enlarge him on anticipatory bail as
the applicant apprehends his arrest in the above-mentioned case.

3. Learned Counsel for the applicant has contended that the allegation is
of the informant putting up money for purchasing a second-hand motor
vehicle, which was to be financed by the applicant's company, M/s.
Indostar Capital Finance Limited. The applicant is the Manager in the said
company. The Direct Sales Associates (DSAs) handle the sale of second-
hand cars and the applicant's role is only to approve the loan and send the
money to the seller upon approval of the loan. The purchased vehicle had
to be hypothecated in favour of the finance company within sixty days of
the approval of the loan. As the same was not done, the money that had
been sent to the Direct Sales Associate was refunded to the finance
company. It appears that, in the meantime, the agent of the DSA
misappropriated the amount deposited by the informant towards the
purchase of the second-hand vehicle. The informant has indiscriminately
lodged the F.I.R. against all the persons concerned. The applicant has no
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criminal antecedents.

4. Learned A.G.A. has opposed the prayer for bail but does not dispute
the factual assertions made by the applicant.

5. I have considered the submissions made by the learned counsel for the
parties.

6. The applicant is stated to be the financier, and there is no direct role of
the applicant in the alleged misappropriation of the amount put up by the
informant for purchasing a pickup vehicle. The applicant has no criminal
antecedents. The sale was promised by the co-accused Ashok Kumar
Gaur. Prima facie, from the material available on the record, the loan
amount of Rs. 5,54,000/- has been credited back to the account of the
informant's company and and only two instalments of Rs. 19,000/- each,
deposited by the informant towards the sanctioned loan, had been
deducted towards the two months' instalments falling due.

7. Taking note of the entire factual circumstances of the case, in the prima
facie opinion of the Court, no offence is made out against the applicant.
Without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant
is allowed.

9. In the event of the arrest of the applicant Dheeraj Kumar Mishra, he
shall be released forthwith in the aforesaid case crime on anticipatory bail
on furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-

i. the applicant shall make himself available for interrogation by a police
officer as and when required;

ii. that 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;
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                                    iii. that the applicant shall not leave India without the previous permission
                                    of the Court;

                                    iv. that the applicant shall not pressurize/intimidate the prosecution
                                    witness;

                                    10. In case of breach of any of the above conditions, the Court concerned
                                    shall be at liberty to cancel the bail.

                                    11. 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 23, 2026
                                    S.A.




Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad