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Neutral Citation No. - 2025:AHC:39394 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1631 of 2025 Applicant :- Aurangjeb Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- R.K. Shahi,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 177 of 2024, under Sections 452, 354(A), 354(B), 504, 506 and 376 I.P.C., Police Station- Kotwali Padrauna, District- Kushinagar, 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. Instant first information report is lodged in counter as applicant's side earlier lodged a first information report under Section 307 IPC against the informant's side. Allegation alleged in the first information report is false and baseless. No offence under Section 376 IPC is made out against the applicant. Victim has developed a false and concocted story in her statement recorded under Sections 161 Cr.P.C. Charge-sheet has been submitted in the matter 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. and learned counsel for the informant have vehemently opposed the anticipatory bail application of the applicant and submitted that instant anticipatory bail application is not supported by any cognizance or summoning
order. On perusal of statements of the victim, recorded under Sections 161 & 164 Cr.P.C., prima facie, offence is made out. 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. On perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant. It is not a case of false implication. Applicant is named in the first information report. Charge-sheet has been submitted against the applicant.
6. Accordingly, the instant anticipatory bail application stands rejected.
Order Date :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad