Neutral Citation No. - 2025:AHC:6339 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12055 of 2024 Applicant :- Mohd. Shokeen Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar 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 No. 7532 of 2019 (State vs Irshad @ Ashu and others), arising out of Case Crime No. 611 of 2017, under Sections 452, 363, 366, 506 IPC, Police Station- Bilari, District- Moradabad, during pendency of trial. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as, prima facie, case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that instant first information report was lodged in the year 2017, thereafter, in the year 2018 charge-sheet was submitted and Court concerned has taken cognizance. Summons issued on 07.08.2019. Non-bailable warrant has also been issued against the applicant. Further, applicant has filed instant anticipatory bail application after about six years. As such, no interference is warranted by this Court at this stage. 6. However, it is directed that if applicant surrender before the concerned Court below within two weeks from today and applies for regular 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 :- 15.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad