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2025 DAILYLAW 86313 (ALL)

MOHAMMAD ARIF v. State of U.P.

ABAIL/7902/2024 · 2025-03-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31933 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7902 of 2024 Applicant :- Mohammad Arif Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Yadav,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Vikash Yadav, 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. 650 of of 2023, under Section 392 IPC, Police Station- Shahpur, District- Gorakhpur. 3. It is submitted by learned counsel for the applicant that applicant is not named in the FIR and still investigation is going on. 4. Per contra, learned A.G.A. has opposed the prayer for bail and submitted that compliance of annexure-4 to the affidavit clearly indicates that applicant has identified by the victim and prima facie offence is made out. 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 surrenders 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 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 :- 5.3.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad