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2025 DAILYLAW 75510 (ALL)

ALOK KUMAR AGNIHOTRI v. State of UP AND ANOTHER

ABAIL/6980/2024 · 2025-03-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31804 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6980 of 2024 Applicant :- Alok Kumar Agnihotri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 931 of 2020, under Sections 307, 504, 506 IPC, Police Station- Naubasta, District- Kanpur Nagar, during the pendency of trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that earlier applicant was granted anticipatory till submission of charge-sheet by a Co- ordinate Bench of this Court vide order dated 09.09.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7540 of 2021. Instant anticipatory bail application has been filed after submission of charge-sheet and cognizance taken by the learned Magistrate. 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 trial. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that Investigating Officer has collected evidence against the applicant and, prima facie, offence is made out against the applicant. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that instant anticipatory bail application is pending since 19.07.2024 and till today no interim order has been granted by this Court. Further, evidence collected during investigation is supporting the prosecution case. It is not a case of false implication. No interference is warranted. 6. Accordingly, the present anticipatory bail application is rejected. 7. However, if the applicant surrenders before the concerned court within three weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another; reported in 2021 SCC OnLine SC 922. 8. For the period of three weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 5.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad