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2025 DAILYLAW 34131 (ALL)

INDRAPAL v. STATE OF U.P. AND ANOTHER

NABAIL/2795/2025 · 2025-05-20

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85929 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2795 of 2025 Applicant :- Indrapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, 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. 147 of 2017, under Sections 147, 148, 323, 504, 506, 452, 308 I.P.C., Police Station Soraon, District Allahabad, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that in this matter charge sheet has been filed, whereupon cognizance has been taken and applicant has been summoned. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the trial. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail by contending that since charge sheet has been filed and the applicant has been summoned, therefore, applicant deserves no indulgence at this stage. 5. It may be stated that in 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. 6. 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 applicant 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. 7. The anticipatory bail application is rejected. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad