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2025 DAILYLAW 111444 (ALL)

SATYADEV SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

ABAIL/12068/2024 · 2025-01-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6351 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12068 of 2024 Applicant :- Satyadev Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A.,Vipin Chandra Pandey Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, Sri Vipin Chandra Pandey, learned counsel for the informant, and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No. 0238 of 2024, under Sections 406, 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station- Shamshabad, District- Agra. 3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. No offence under alleged sections is made out. No amount has ever been transferred in the accounts of the applicants. All allegations alleged in the first information report are false and baseless. Applicants have no criminal history to their credit. Lastly, it is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the anticipatory bail application of the applicants and submitted that investigation is going on and applicants are the main accused persons in the present case. Further, applicants are also having criminal history of similar nature. Prima facie, offence is made out and it is not a case of false implication. 5. Considered the arguments raised by counsel for the applicant and perused the record. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. 6. Accordingly, the anticipatory bail application is rejected. 7. However, if the applicants surrenders before the concerned court within two weeks from today and applies for regular bail, their bail applications shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in 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 court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 15.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad