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Neutral Citation No. - 2025:AHC:106799 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8646 of 2024 Applicant :- Harish Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- Ekansh Varma,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, Sri Ekansh Verma,
learned counsel for the informant 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. 110 of 2019, under Sections 420, 406, 504, 506, 467, 468, 471, 120-B I.P.C., Police Station Medical College, District Meerut with the prayer that in the event of arrest, applicant may be released on anticipatory bail.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case.
Learned counsel next submits 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. He lastly submits that the applicant may be enlarged on anticipatory bail till conclusion of trial.
4. Learned counsel for the informant and learned A.G.A. have
opposed the application for anticipatory bail.
5. The co-ordinate Bench of this Court vide order dated 11.09.2024 has granted interim anticipatory bail to the accused-applicant.
6. Perusal of the record shows that there is specific allegations against the applicant. Hon'ble Apex Court in the matter Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, has held that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
7. 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.
8. Accordingly, the prayer for grant of anticipatory bail is refused.
9. Interim order, if any, stands vacated.
10. However, it is open for the applicant to move regular bail before the concerned Court below.
11. With the aforesaid observations/directions, the instant application stands disposed of.
12. The Registrar (compliance) of this Court is directed to communicate the order passed by this Court to concerned Court below forthwith.
Order Date :- 7.7.2025/AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad