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Neutral Citation No. - 2025:AHC:106482 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7322 of 2024 Applicant :- Beer Singh @ Bittu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh Counsel for Opposite Party :- G.A.,Pankaj Bharti Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned counsel for opposite party no.2 and Sri Chandan Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 27 of 2023, under Sections 420, 406, 506 I.P.C., Police Station Babri, District Shamli with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It has next argued that the applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A.has opposed the application for anticipatory bail. 5. Perusal of the record shows that the investigating officer, during the course of investigation has collected credible evidence against the applicant and his complicity in commission of offence is supported by oral as well as documentary evidence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail. 6. Accordingly, the prayer to grant anticipatory bail is refused. 7. However, it is open for the applicant to move regular bail before the concerned Court below.
In case, such an application for bail is moved before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail. 8. With the aforesaid observations/directions, the instant application stands disposed of. Order Date :- 7.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad