ASHFAQ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
ABAIL/153/2025 · 2025-01-30
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120627 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6263 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 153 of 2025 Applicant :- Ashfaq Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Vijay Kumar,Kartikay Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Kartikay Singh, learned counsel for applicant and Sri Roopendra Kumar Singh, learned State counsel.
2. In view of the proposed order notice to opposite party no.2 is hereby dispensed with.
3. Present anticipatory bail application has been preferred by applicant apprehending his arrest in Case Crime No.104 of 2024, under Sections 376-D, 504 & 506 I.P.C., Police Station- Sangipur, District-Pratapgarh.
4. 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.
5. As per the statement of the informant/prosecutrix, the incident in question had taken place on 25.12.2023 but no prompt F.I.R. was lodged. Thereafter, present applicant along with his friend Arman co-accused has assaulted the victim and her mother on 31.05.2024.
6. Learned State counsel has stated that the present applicant may take all the aforesaid pleas, if he files regular bail application inasmuch as, the prosecution version so narrated in
the statement of the prosecutrix are intact, so this case may not be said at this stage a case of false implication.
7. On the aforesaid submission of learned State counsel, learned counsel for applicant has requested that present applicant may be permitted to appear/surrender before the learned Trial Court within a period of two weeks and may file his regular bail application and if such bail application is filed, directions may be issued to dispose of the same expeditiously without giving any unnecessary adjournments to any of the parties.
8. Having considered the arguments of learned counsel for parties, I hereby dispose of the present anticipatory bail application at the admission stage giving liberty to the applicant to appear/surrender before the learned Trial Court within a period of two weeks from today and may file his regular bail application taking all pleas and grounds which are available to him. If such application is filed, the same shall be heard and
disposed of by the learned Trial Court without giving any unnecessary adjournments to any of the parties.
9. With the aforesaid, present anticipatory bail application is
disposed of accordingly. [Rajesh Singh Chauhan,J.]
Order Date :- 30.1.2025 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench