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Neutral Citation No. - 2025:AHC:34651 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12161 of 2024 Applicant :- Udaiveer Alias Bhola And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Dinesh Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants 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. 176 of 2019, under Sections 323, 325, 308, 504, 506 IPC, Police Station- Nibohara, District- Agra, during the pendency of trial of Case No. 1647 of 2021 (State vs. Udaiveer alias Bhola and Others).
3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Investigating Officer has submitted charge-sheet in the matter. Prima facie, no offence under alleged sections is made out against the applicants. Lastly, it is submitted that the applicant is 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 trial.
4. Learned A.G.A. vehemently opposed the anticipatory bail application of the applicants.
5. The relief as sought by the applicants through this application is refused.
6. However, it is directed that if applicants surrender before the concerned Court below within three weeks from today and apply for regular bail, their bail applications 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 three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 10.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad