Neutral Citation No. - 2025:AHC:31271 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1243 of 2025 Applicant :- Pawan Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Pandey,Bipul Pandey,Nikil Pathak 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. 171 of 2024, under Sections 420, 406, 409, 120-B IPC, Police Station- Kant, District- Shahjahanpur. 3. Allegation in the first information report is that accused persons persuaded the informant to deposit the money and after maturity, they are not returning the amount. 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 not named in the first information report. Applicant has been implicated in the present case being brother of the main accused, Rajeev Sharma. Applicant's name surfaced in the present case on the basis of confessional statement of co-accused, Anuj Rastogi. 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 on the basis of confessional statement of co-accused, Anuj Rastogi, name of the applicant surfaced in the present case and, prima facie, case 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 record, it is apparent that applicant is brother of co-accused, Rajeev Sharma and he supervising the company working, as such, prima facie, case is made out against 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 three 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 three 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 :- 5.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad