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2025 DAILYLAW 115688 (ALL)

ASIM ANSARI v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND ANOTHER

ABAIL/44/2025 · 2025-01-17

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2957 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 44 of 2025 Applicant :- Asim Ansari Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Aman Dube,Dhananjay Singh,Mansi Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Aman Dubey, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State. 2. In view of the proposed order, the notice to opposite party No.2 is hereby dispensed with. 3. By means of present anticipatory bail application, the applicant has shown his apprehension of arrest in Case Crime No.598 of 2022, under Section 420 I.P.C. and Section 66 of I.T. Act, Police Station-Akbarpur, District-Ambedkar Nagar. 4. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as he has not committed any offence as alleged in the prosecution story. 5. Learned counsel for the applicant has informed that the other co-accused persons have been granted regular bail. The present applicant is not named in the F.I.R., however, he has been implicated during investigation. 6. Learned counsel for the applicant after arguing the matter at some length has requested that the present applicant may be permitted to appear/ surrender before the learned trial court concerned and he may file regular bail application, therefore, direction may be issued to the learned trial court concerned to consider and decide the said regular bail application with expedition, strictly in accordance with law, for which, the learned Additional Government Advocate has no objection. 7. Therefore, without entering into merits of the issue, I hereby dispose of this anticipatory bail application finally at the admission stage giving liberty to the present applicant to appear/ surrender before the learned trial court concerned within a period of two weeks from today and if the present applicant appears/ surrenders before the learned trial court concerned and files his regular bail application within the aforesaid stipulated time, the said regular bail application may be disposed of with expedition after affording an opportunity of hearing to the parties concerned, preferably on the same day, strictly in accordance with law and in the light of the dictum of the Apex Court in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021 inasmuch as the maximum punishment under Section 420 I.P.C. and Section 66 of I.T. Act is below seven years. 8. Since the dictum of the Apex Court in re: Satender Kumar Antil (supra) is the law of land, therefore, its guidelines and terms and conditions must be abide by the learned court below in its letter and spirit. 9. Accordingly, the present anticipatory bail application is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench