xNeutral Citation No. - 2025:AHC:23594 Court No. - 35 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1081 of 2025 Applicant :- Munna Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.C.Srivastava,Vinod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Heard Mr. A.C. Srivastava, learned counsel for the applicant and learned Additional Government Advocate for the State. 2. This anticipatory bail application has been moved seeking bail in Case Crime No.62 of 2022, under Sections 411, 413, 414, 420, 467, 468, 120-B IPC, Police Station Dehli Gate, District Meerut. 3. As per prosecution story, on 09.04.2022 at about 8.00 am at Toll Plazza, some unknown persons are said to have stolen a mobile bearing no.9412406494 of the informant. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant. The applicant has never committed any offence as alleged in the impugned FIR. Neither applicant is named in the FIR nor any incriminating article has been recovered from the possession or pointing out of the applicant. During investigation, the complicity of the applicant has been shown only on the basis of confessional statement of named co-accused persons. He further submits that earlier the applicant has been granted anticipatory bail till filing of police report under Section 173 (2) Cr.P.C. vide order dated 18.07.2023 passed in Criminal Misc. Anticipatory Bail Application No.7385 of 2023, copy of order has been annexed as Annexure No.4 to the affidavit filed in support of application. He further submits that during investigation, the investigating officer has not found any cogent evidence against the applicant and only on the basis of confessional statement of named co-accused persons, the investigating officer has submitted charge sheet against the applicant in a routine manner and the court below has taken cognizance. He further submits that applicant has already been enlarged on anticipatory bail and during this period the applicant has not misused the liberty of bail, therefore, there is no need of custodial interrogation of the applicant, hence, the applicant may be enlarged on anticipatory bail till conclusion of trial. The applicant is having no criminal history. 5. Per contra, learned A.G.A. has opposed the prayer for anticipatory bail of the applicant and has submitted that the applicant and the other co-accused persons are active members of a organized gang against whom huge number of mobile phones have been recovered. After completion of investigation, charge sheet has been submitted against the applicant and cognizance has also been taken by the Court concerned. Allegations are very serious and in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted. 6. Considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant till the end of trial. The prayer made in the application is hereby refused. 7. Accordingly, the instant anticipatory bail application is dismissed. Order Date :- 19.2.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad