Neutral Citation No. - 2025:AHC:34611 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12154 of 2024 Applicant :- Amresh Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Singh Counsel for Opposite Party :- G.A.,Sanjay Dwivedi Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 224 of 2023, under Section 409 IPC, Police Station- Balua, District- Chandauli, during the pendency of investigation. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation alleged in the first information is not supported by enquiry report and the same is false and baseless and without support of any cogent evidence. Applicant has deposited all the amount alleged in the first information report. 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 trial. 4. Per contra, learned counsel for the informant and learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that Investigating Officer has submitted charge-sheet against the applicant. Prima facie, offence is made out against the applicant as enquiry report is supporting the prosecution version. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. 7. However, if the applicant surrenders before the concerned court within three weeks from today and applies for regular bail, the bail application 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 three 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 :- 10.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad