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2025 DAILYLAW 107887 (ALL)

RAJEEV AND ANOTHER v. STATE OF U.P.

ABAIL/11530/2024 · 2025-07-08

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109094 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11530 of 2024 Applicant :- Rajeev And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved on behalf of the applicants namely, Rajeev and Harkesh @ Bhola seeking anticipatory bail in Case Crime No. 626 of 2023, under Sections 308, 323, 504, 506 I.P.C., Police Station Chandausi, District Sambhal, with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It was also submitted that applicants undertakes to co-operate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. After hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion, that learned counsel for the applicants could not point out any good ground for grant of anticipatory bail. 6. Accordingly, the relief as sought by the applicants is refused. 7. However, it is open for the applicants to move regular bail before the concerned Court below. In case, such an application for bail is moved before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail. 8. With the aforesaid observations/directions, the instant application stands disposed of. Order Date :- 9.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad