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2025 DAILYLAW 15192 (ALL)

VIKAS v. STATE OF U.P. AND ANOTHER

NABAIL/1186/2025 · 2025-02-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22155 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1186 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 1017 of 2024, under Sections 74, 115(2), 126(2), 351(1), 352 B.N.S., Police Station- Quarsi, District- Aligarh, during the pendency of trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Informant is a friend of the applicant. Allegation alleged in the first information report is false and baseless and without support of any cogent evidence. Investigation is still going on. Prima facie, no offence under alleged sections is made out against the applicant. 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 named in the first information report and, prima facie, offence is made out against the applicant. 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. 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, as such, no case for interference by this Court is made out. 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 :- 17.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad