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2025 DAILYLAW 90901 (ALL)

VIKRANT v. State of U.P.

NABAIL/8746/2024 · 2025-07-06

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108535 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8746 of 2024 Applicant :- Vikrant Opposite Party :- State of U.P. Counsel for Applicant :- Mukhtar Alam,Yawar Mukhtar Counsel for Opposite Party :- Chandra Bhushan Prasad,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Certified copy of the order-sheet of Case No. 4494 of 2025, pending before the trial court filed by learned A.G.A. today in the Court is taken on record. 2. Heard learned counsel for the applicant, Sri Chandra Bhushan Prasad, learned counsel for first informant, learned A.G.A. for the State and perused the record. 3. The present anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 183 of 2024, under Sections 376, 506 I.P.C., Police Station Bhopa, District Muzaffarnagar, with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he 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. It was also submitted 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. 5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. 5. The co-ordinate Bench of this Court vide order dated 17.09.2024 has granted interim anticipatory bail to the accused- applicant. 6. The interim order granted by this Court goes to show that the applicantwas granted interim anticipatory bail application subject to the conditions contained in that order and one of the condition was that the applicant shall make himself available on each date fixed in the matter by the Court concerned. Perusal of the order sheets of the case, which has been produced before this Court and is taken on record shows that the applicant is not complying with the condition imposed by this Court while granting interim anticipatory bail to the applicant. Furthermore, perusal of the record also shows that on account of which learned trial court has issued bailable warrant the applicant vide order dated 13.05.2025. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court 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. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. Order Date :- 7.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad