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Neutral Citation No. - 2025:AHC:35439 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12220 of 2024 Applicant :- Nekram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 319 of 2012, under sections 307, 504 and 506 I.P.C., P.S. Kayamganj, District-Farrukhabad.
3. Learned counsel for the applicant submits that the first information report was lodged against four persons including applicant on the basis of false, fabricated and concocted story. After completion of investigation the Investigating Officer has not found any credible evidence against the applicant and submitted chargesheet against co-accused persons namely, Nanhey @ Satendra, Jitendra and Ramesh Chandra (deceased) for the offence punishable under sections 307, 504 and 506 I.P.C. and learned Magistrate has taken cognizance on the same. Thereafter opposite party no. 2 has filed application under section 319 Cr.P.C. for summoning the applicant to face trial and the trial court without considering the facts and without perusing the evidence on record summoned the applicant under Sections 307, 504 and 506 I.P.C. vide impugned order dated 20.9.2023.
4. Learned A.G.A. has opposed the anticipatory bail.
5. The prayer for anticipatory bail is refused.
6. However, it is directed that if applicant surrenders 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 Court below, whichever is earlier, no coercive action shall be taken against him.
8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 7.3.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad