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2025 DAILYLAW 18104 (ALL)

BRAJESH YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/1194/2025 · 2025-02-16

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22500 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1194 of 2025 Applicant :- Brajesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Singh Yadav 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. 545 of 2009, under Sections 420, 467, 468, 471 of I.P.C., Police Station- Kotwali, District- Etawah, till conclusion 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. Applicant is having no concern with the alleged incident. Charge-sheet has been submitted in the year 2010, thereafter, concerned Court has issued summons. 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 trial. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant has not participated in the trial. Hence, applicant should not be released on anticipatory bail. 5. Accordingly, the relief as sought by the applicant through this application is refused. 6. However, it is directed that if applicant surrender before the concerned Court below within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922. 7. 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 him. 8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 17.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad