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Neutral Citation No. - 2025:AHC:15174 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 815 of 2025 Applicant :- Harjendra Alias Harjinder Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Kuldeep Kumar Shrivastava Counsel for Opposite Party :- Ashutosh,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 134 of 2024, under Sections 118(1), 115(2), 351(2), 352 of B.N.S., Police Station- Rehar, District- Bijnor, during the pendency of trial. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submits that on account of children's dispute, the alleged incident occurred between the parties. Injuries received by the injured are simple in nature. Applicant has no criminal history to his credit. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the anticipatory bail application of the applicant and submitted that specific role of assault has been assigned to the applicant. He next submitted that injured has received injuries and the injuries are supporting the prosecution case. Prima facie, offence is made out against the applicant. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions advanced by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant. No interference is warranted. 6. Accordingly, the present anticipatory bail application is rejected. 7. 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. 8.
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 :- 4.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad