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Neutral Citation No. - 2025:AHC:11535 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 580 of 2025 Applicant :- Sarita And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Mukesh Joshi, learned counsel for the applicants and learned A.G.A. for the State.
2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 761 of 2024, under Section 351(2), 352, 115(2), 127(7), 85 of BNS and Section 9 of Child Marriage Act, Police Station- Civil Lines, District- Moradabad.
3. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Offence alleged in the FIR is below 7 years.
4. Learned A.G.A. opposed the bail prayer of the applicants.
5. Accordingly the relief as sought by the applicants through this application is refused.
6. Considering the aforesaid alternative prayer of the applicants, it is directed that if applicants surrender before the concerned Court below within two weeks from today and apply 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 23.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad