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2025 DAILYLAW 108905 (ALL)

PRAKASH v. STATE OF U.P. AND ANOTHER

ABAIL/11590/2024 · 2025-02-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28610 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11590 of 2024 Applicant :- Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.,Kameshwar Singh Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This anticipatory bail application has been filed by the applicant to grant anticipatory bail to the applicant in Case No.5538 of 2018 arising out of Case Crime No.80 of 2008, under Section 420 IPC, registered at Police Station- Thanabhawan, District- Shamli, during the pendency of the trial. 3. After arguing the matter at some length, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.. 4. Learned A.G.A. has raised objection that instant FIR is registered in the year 2008 and applicant is not participated in the trial proceeding, hence, non-bailable warrant has been issued. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrender before the concerned Court below within two weeks from today and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922. 7. For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicant, shall be kept in abeyance. 8. With the above observations and directions, this anticipatory bail application stands disposed of. Order Date :- 28.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad