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2025 DAILYLAW 187706 (ALL)

KUNWAR PAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/12225/2024 · 2025-01-08

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Judgment text

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Neutral Citation No. - 2025:AHC:4882 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12225 of 2024 Applicant :- Kunwar Pal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Vijai Singh Counsel for Opposite Party :- G.A.,Imran Ullah,Vineet Vikram Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No. 350 of 2024, under Sections 191(2), 191(3), 190, 109, 110 B.N.S., P.S. Kakore, District- Bulandshahar, during pendency of trial. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicants. Prima facie, no offence under alleged sections is made out against the applicants. Lastly, it is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they 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 applicants and submitted that applicants have criminal history of other cases and in one of those cases, applicants have been convicted by the Trial Court. 5. Considered the argument raised by counsel for the parties and perused the entire record. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicants in the aforesaid case. 6. Accordingly, the anticipatory bail application is rejected. 7. However, if the applicants surrender before the concerned court within two weeks from today and apply for regular bail, their bail applications shall be decided expeditiously by the court concerned, in accordance with law. 8. For the period of two weeks from today or till the time of surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 9.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad