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2025 DAILYLAW 65389 (ALL)

RAKESH KUMAR v. STATE OF U.P. AND ANOTHER

NABAIL/4383/2025 · 2025-08-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131396 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4383 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Rakesh Dubey, counsel for the applicant; Sri Neeraj Kumar Sharma, learned A.G.A. and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.333 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station-Bhognipur, District-Kanpur Dehat. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had no role in the execution of sale deed dated 05.01.2016. The applicant has no criminal antecedents. The investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail. 5. After having heard learned counsel for the parties and having perused the material on record, this Court prima facie finds that the applicant was a marginal witness to the alleged sale deed dated 05.01.2016 executed by an imposter. The applicant had duly identified the person executing the alleged sale deed. 6. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 5.8.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad