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2025 DAILYLAW 19968 (ALL)

MUNEESH v. STATE OF U.P. AND ANOTHER

NABAIL/1347/2025 · 2025-02-26

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27614 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1347 of 2025 Applicant :- Muneesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Kant Shukla,Nikhil Chaturvedi 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. 36 of 2024, under Sections 323, 504, 506, 406, 420, 467, 468, 471, 120B IPC, Police Station- Pallavpuram, District- Meerut, during the pendency 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 not having any concern with the alleged incident. Applicant has been implicated in the present being brother of main accused, Mukesh Goswami. Allegation of receiving money and providing joining letter is against co-accused, Mukesh Goswami. There is no cogent evidence to prosecute the applicant in the present case. Investigation is going on. 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 investigation.\ 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant is named in the first information report. He next submitted that applicant along with other co-accused persons, provided training to victims and also provided them forged and fabricated joining letters. Applicant and other co-accused persons has taken Rs.16,50,000/- in cash and Rs.14,63,000/- in their accounts from the victims. It is not a case of false implication. Further, investigation is going on and Investigating Officer has collected credible evidence 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 first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. 7. However, if the applicant surrenders before the concerned court within two 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 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 the applicant. Order Date :- 27.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad