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Neutral Citation No. - 2025:AHC:27181 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 905 of 2025 Applicant :- Ajay Yadav Alias Kachalu Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Kumar Shukla,Shubhi Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant 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. 206 of 2024, under Sections 352, 351(3), 308(4) B.N.S., Police Station- Maduadeeh, District- Varanasi, during pendency of the trial. 3. Allegation in the first information report is that applicant and other co-accused on 26.09.2024 assaulted the informant. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a no injury case. Prima facie, no offence under alleged sections is made out against the applicant. 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. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant is having criminal history of nine other cases and the same is not explained in the present bail application. Further, applicant has intentionally concealed these facts from this Court. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. Considering the criminal history of the applicant, which is not explained in the present anticipatory bail application, this Court is not inclined to grant any relief in favour of 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 :- 27.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad