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Neutral Citation No. - 2025:AHC:85911 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7647 of 2020 Applicant :- Mannu @ Dushyant And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar(Senior Adv.),Rajrshi Gupta,Shambhawi Shukla,Sushil Kumar Pandey,Senior Adv. Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application has been moved seeking anticipatory bail in Case Crime No. 305 of 2020, under Sections 147, 148, 149, 323, 324, 336, 352, 452, 504,506 I.P.C., Police Station Govind Nagar, District Mathura, with the prayer that in the event of arrest, applicant may be released on bail.
3. Vide order dated 19.11.2020, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicants after calling counter and rejoinder affidavits.
4. Apart from several other merit issues arguments advanced by
learned counsel for the applicant, learned counsel for the applicants that there is no credible evidence against the applicant and that the applicants have been falsely implicated in the present case. It has also been submitted that applicants have no criminal antecedents and the applicants undertake to co-operate during the trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the
liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
5. Learned A.G.A. has opposed the application for anticipatory bail and argued that by the efflux of time, investigation has culminated in submission of charge sheet.
6. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into
consideration.
7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.
8. Interim order, if any stands vacated.
9. The anticipatory bail application is rejected.
Order Date :- 21.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad