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2025 DAILYLAW 44826 (ALL)

HARSHDEO RAM @ HARSH DEO v. STATE OF U.P.

ABAIL/9501/2023 · 2025-09-07

Gautam Chowdhary

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9501 of 2023 Court No. - 70 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. 48A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 120-B, 34 I.P.C., Police Station Gadwar, District Ballia, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Vide order dated 25.09.2023, no coercive action was directed to be taken against the applicant in the aforesaid case. Thereafter, the case was listed on 30.10.2023, 29.11.2023 on which date, learned counsel for the applicant had sought time on the pretext of filing rejoinder affidavit, which was granted and the interim order was also extended but vide order dated 0603.2024, the co-ordinate Bench of this Court made clear that the interim protection granted to the applicant is not extended, thereafter the matter was listed on 01.07.2024 on which, again adjournment was sought by the learned counsel for the applicant. 3. 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 no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he Versus Counsel for Applicant(s) : Vinod Kr Pandey Counsel for Opposite Party(s) : G.A. Harshdeo Ram @ Harsh Deo .....Applicant(s) State of U.P. .....Opposite Party(s) would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. Learned A.G.A. further argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet. 5. Perusal of the record shows that specific allegation has been levelled against the applicant in commission of offence. The investigating officer, during the course of investigation has collected credible evidence against the applicant and his complicity in commission of offence is supported by oral as well as documentary evidence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail. 6. Accordingly, it is dismissed. 7. However, the applicant is at liberty to move regular bail before the concerned Court below. September 8, 2025 S.Ali ABAIL No. 9501 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad