Neutral Citation No. - 2025:AHC:71660 Court No. - 78 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2417 of 2025 Applicant :- Satya Deo Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deependra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2-This Criminal Misc. Anticipatory Bail Application has been moved by the applicant seeking Anticipatory Bail in Case Crime No. 1943 of 2016, under Sections 420, 467, 468, 471, 120-B I.P.C. and Sections 13(1)C, 13(2), 8 of Prevention of Corruption Act, Police Station Vijay Nagar, District Ghaziabad. 3-As per the prosecution case in brief, complainant had purchased a flat from Shri Bala Ji Hi-Tech Construction Pvt. Ltd. and he had not taken any loan from the bank. After taking possession of the said flat, he has been living there. Since June 2016 he had gone out of city and his flat was locked. When he returned, he came to know that applicant Satya Deo Singh, without any valid authority, has taken a loan of Rs. 55.50 Lacs from the Punjab National Bank under Tripartite Agreement dated 15.01.2015 in collusion with builder (Shri Bala Ji Hi-Tech Construction Pvt. Ltd.), in which Abhishek is guarantor. 4-Learned counsel for the applicant after advancing some argument and on putting certain query by the Court submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and Another, 2021 SCC Online SC 922. 5-On the other hand learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant. 6-Having regard to the statement made by learned counsel for the applicant at the Bar, the relief as sought for by the applicant by means of this anticipatory bail application, at this stage, is hereby refused. 7-Considering the aforesaid alternative prayer made on behalf of the applicant, the instant anticipatory bail application is disposed of with liberty to the applicant to move an application under Section 439 Cr.P.C. before the concerned court below. In case the applicant applies for bail under Section 439 Cr.P.C., the bail application of the applicant shall be disposed of by the courts below in accordance with law in the light of judgement of the Apex Court in the matter of Satender Kumar Antil (Supra). Order Date :- 5.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad