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Neutral Citation No. - 2025:AHC:6680 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4928 of 2024 Applicant :- Rahul Gupta Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Sharda Prasad Mishra,Shivam Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 523 of 2022, under Sections 307, 160, 34 IPC, Police Station- Naini, District- Prayagraj.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is informant and Investigating Officer has submitted charge-sheet in the matter against Tinkal Gupta, Vishal Jaiswal and Abhishek Jaiswal, thereafter, Investigating Officer has falsely implicated applicant/informant as accused in the present case. He next submitted that no offence under Section 307 IPC is made out. Investigation is going on. 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 AGA vehemently opposed the anticipatory bail application of the applicant and submitted that in counter affidavit statements of eye-witnesses, namely, Saleem and Dilip Agrahari, are annexed and on perusal, it is evident that applicant was involved in firing and, prima facie, offence is made out against the applicant. Further, it is not a case of false implication.
5. Considered the argument raised by counsel for the applicant and perused the record. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case.
6. Accordingly, the anticipatory bail application is rejected. Order Date :- 15.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad