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2025 DAILYLAW 109079 (ALL)

SONU SHUKLA ALIAS RAM PRAKASH SHUKLA v. State of UP AND ANOTHER

ABAIL/11614/2024 · 2025-01-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14747 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11614 of 2024 Applicant :- Sonu Shukla Alias Ram Prakash Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Nath Tripathi,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. 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 Crime No.0082 of 2019, under Section 307 IPC, Police Station- Madanpur, District- Deoria, during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is without support of any evidence and the Investigating Officer has submitted charge-sheet. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and has submitted that the applicant has six cases of criminal history and he is not cooperating with the trial proceeding since 2019 and non-bailable warrant has been issued against the applicant. 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 :- 31.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad