RAJU BHADAURIYA ALIAS ARUN BHADAURIYA v. STATE OF U.P. AND 3 OTHERS
ABAIL/11648/2024 · 2025-01-31
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109274 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14833 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11648 of 2024 Applicant :- Raju Bhadauriya Alias Arun Bhadauriya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Reema Kumari,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 3. This anticipatory bail application has been filed by the applicant to grant anticipatory bail to the applicant in Criminal Case No.345 of 2012 arising out of Case Crime No.154 of 2012, under Section 379, 411, 413, 420, 467, 471 IPC, Police Station- Civil Lines, District- Etawah, during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Allegation against the applicant is that FIR registered in the year 2012, thereafter charge-sheet has been submitted and court has taken cognizance and issued summons in the year 2021. Applicant having no knowledge regarding summons, therefore, he could not appear before the trial court and trial court has issued non-bailable warrant. Learned counsel for the applicant next submits that he would cooperate with the trial proceeding. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the trial proceeding. Applicant has definite apprehension of his arrest by the police. 5. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail of the applicant. 6. Accordingly the relief as sought by the applicant through this application is refused. 7. 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. 8.
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. 9. 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