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Neutral Citation No. - 2025:AHC:35747 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5895 of 2024 Applicant :- Vinesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants 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 applicants in Case Crime No.266 of 2023, under Sections 427, 308 IPC, Police Station- Nakhasa District- Sambhal.
3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Prima facie, no offence under alleged sections is made out against the applicants.
4. Learned A.G.A. vehemently opposed prayer for anticipatory bail and submitted that charge-sheet has been submitted against the applicants.
5. The relief as sought by the applicants through this application is refused.
6. However, considering the aforesaid alternative prayer of the applicants, it is
directed that if applicants surrender before the concerned Court below within three weeks from today and apply for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
8. With the aforesaid directions, this anticipatory bail application stands disposed of.
Order Date :- 11.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad