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2025 DAILYLAW 117521 (ALL)

SURESH PRASAD PRABHAKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

ABAIL/137/2025 · 2025-01-29

Rajesh Singh Chauhan

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6462 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 137 of 2025 Applicant :- Suresh Prasad Prabhakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Avdhesh Kumar Singh Yadav,Dhirendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Sagar Singh, learned counsel for the applicant and Sri Sushil Kumar Pandey, learned A.G.A. for the State. 2. This anticipatory bail application has been preferred by the applicant apprehending his arrest in Case Crime No. 0058 of 2023 u/s 406, 420 IPC, P.S. Khorare, District- Gonda. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. During investigation the present applicant has cooperated in the investigation, therefore, he has not been arrested. Now the charge-sheet has been filed in this case. 4. Learned A.G.A. has stated that the offence under which the F.I.R has been lodged is having punishment only up to seven years, therefore, instead of filing anticipatory bail application the applicant should approach the learned court concerned seeking benefit of dictum of Apex Court in re: Satender Kumar Antil vs. CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021. 5. Be that as it may, since the offence under which the charge- sheet has been filed is having punishment up to seven years, therefore, the applicant may be given the benefit of dictum of Apex Court in re: Satender Kuamr Antil (supra). Besides, during investigation the petitioner cooperated in the investigation and has not been arrested, therefore, in view of dictum of Apex Court in re: Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No.929 of 2021, he may not be arrested in routine manner after filing of the charge-sheet unless there is any cogent reason to that effect. 6. Therefore, without entering into the merits of the issue, I hereby dispose of this anticipatory bail application finally at the admission stage giving liberty to the applicant to surrender before the learned court concerned within three weeks and may file his bail application. If the same application is filed, the learned court concerned shall consider and dispose of the same expeditiously preferably on the same day in the light of the Satender Kumar Antil (supra). While considering his bail application the learned court concerned shall also follow the dictum of Aman Preet Singh (supra). 7. This application is disposed of in view of the aforesaid terms. (Rajesh Singh Chauhan,J.) Order Date :- 29.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench