Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23871 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 747 of 2025 Applicant :- Shivam Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Alind Kumar,Jai Singh,Kiran Rani,Laloo Yadav Counsel for Opposite Party :- G.A.,Shobhit Chauhan Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been moved by the applicant for enlarging her on anticipatory bail in Case Crime No. 0632 of 2024, under Sections 115(2), 109, 351(3) of B.N.S., P.S. Gagha, District Gorakhpur, during pendency of trial. 4. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. It is further submitted that the injuries are simple in nature. The CCTV footage has not supported the prosecution case. The applicant has no criminal history to his credit. In case, the applicant is released on bail, she would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the prayer for bail and submitted that from the CCTV footage, prima facie appears that the applicant assaulted the injured and the injuries received by the injured is grievous in nature. It is not a case of false implication. 6. Considered the arguments raised by learned counsel for the parties and perused the entire record. On perusal of record, it is apparent that the applicant is involved in commission of crime, as such, I do not find any good ground for granting anticipatory bail
to applicant in the aforesaid case. 7. Accordingly, the anticipatory bail application is rejected. 8. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9.
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 the applicant. Order Date :- 19.2.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad