Neutral Citation No. - 2025:AHC:33710 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6715 of 2024 Applicant :- Neeraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This anticipatory bail application has been filed by the applicant to grant anticipatory bail to the applicant in Case Crime No. 48 of 2022, under sections 452, 323 and 354 I.P.C., P.S. Mant, District- Mathura, during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report but the victim / informant in her statement recorded under Section 161 Cr.P.C. has made same allegation against the applicant as was leveled against the co- accused Sunny in the FIR, which shows that the implication of the applicant in the present case is clearly after thought. He further submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. The applicant has no criminal history. 4. Per contra, learned A.G.A. submits that although the applicant was not named in the first information report but the victim / informant has made specific allegation against the applicant in her statement recorded under Section 161 Cr.P.C. and the prosecution case is corroborated with medical evidence, hence the applicant is not entitled to anticipatory bail. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrender before the concerned Court below within three weeks from today and applies 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 applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicant, shall be kept in abeyance. 8. With the above observations and directions, this anticipatory bail application stands disposed of. Order Date :- 7.3.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad