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Neutral Citation No. - 2025:AHC:41600 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1849 of 2025 Applicant :- Lavkush Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Shankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, 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. 15 of 2025, under Sections 69, 61(2) B.N.S., Police Station- Trilokpur, District- Siddharth Nagar, during the pendency of trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged only to pressurize the applicant. Instant first information report is delayed. Investigation is going on and till date no charge-sheet has been submitted. 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 a married person. Medical examination report as well as statements of the victim recorded under Section 180 & 183 B.N.S.S., are supporting the prosecution story, as such, prima facie, offence is made out against the applicant. It is not a case of false implication. 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 contents 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 :- 21.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad