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Neutral Citation No. - 2025:AHC:19557 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 618 of 2025 Applicant :- Rustam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ranu Tiwari,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 396 of 2024, under Section506, 420, 419, 406, 467, 468, 471 I.P.C., Police Station- Chauri Chaura, District-Gorakhpur.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is of civil in nature. Applicant is not owner of the property in dispute and applicant has not received any money. Applicant has no concern with the alleged incident.
4. Learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail to the applicant and submitted that applicant has criminal history of one case which has not been explained in present anticipatory bail application and the same has been concealed by the applicant.
5. The relief as sought by the applicant through this application is refused.
6. Considering the facts and circumstances of the case, it is directed that if applicant surrenders before the concerned Court below within two 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 two 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 him.
8. With the aforesaid directions, this anticipatory bail application stands disposed of. Order Date :- 11.2.2025/Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad