Neutral Citation No. - 2025:AHC-LKO:4032 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 75 of 2025 Applicant :- Mahesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA. 2. In view of the proposed order notice to opposite party no. 2 is dispensed with. 3. The applicant is apprehending his arrest in Case Crime No. 340 of 2020 u/s 147, 148, 302, 506 IPC, P.S. Pihani, District Hardoi. 4. Learned counsel has stated that the main accused persons against whom the charge-sheet has been filed, have been granted regular bail by this Court as the bail orders of those co-accused persons namely, Dheeraj, Abhay and Neeraj have been enclosed with he bail application as Annexure no. 10. No charge-sheet was filed against the present applicant but he was summoned on protest application filed u/s 190(1)(b) Cr.P.C. Further, the summoning order dated 4.1.2021 has been assailed before the court of Sessions Judge by filing revision and said revision was rejected vide order dated 20.7.2022. Both the aforesaid orders have been challenged before this Court by filing an Application u/s 482 Cr.P.C. No. 6210 of 2022 (Mahesh Gupta and others vs. State of U.P. and another). The aforesaid petition was dismissed by this Court vide order dated 9.9.2022. 5. Learned AGA has submitted that this is true that no charge-sheet was filed against the present applicant but he was summoned by the learned Magistrate on protest application and that order has been upheld by the revisional court and both the orders of Magistrate and revisional court have been upheld by this Court, therefore at this stage prima facie, it may not be said that it is a case of false implication as the aforesaid facts may be tested during the course of trial. Besides, the above named co-accused persons have been granted regular bail by this Court, therefore, the present applicant may file his regular bail taking all pleas and grounds which are available to him but in these circumstances the anticipatory bail application would not be maintainable. 6. Having heard learned counsel for the parties and having perused the material available on record, since the summoning order and revisional order has been upheld by this Court in petition filed u/s 482 Cr.P.C.and co- accused persons have been granted regular bail, therefore I am not inclined to grant anticipatory bail to the present applicant 7. Therefore, without entering into the merits of the issue, I hereby dispose of this application finally at the admission stage giving liberty to the applicant to appear / surrender before the court concerned / court below within three weeks and may file his regular bail application taking all pleas and grounds which are available to him and if such bail application is filed, the same may be considered and disposed of with expedition without giving any unnecessary adjournment to any of the parties. . (Rajesh Singh Chauhan, J.) Order Date :- 22.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench