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2025 DAILYLAW 108521 (ALL)

BHANU PRATAP v. STATE OF U.P. AND ANOTHER

ABAIL/11568/2024 · 2025-04-06

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49643 Court No. - 7 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11568 of 2024 Applicant :- Bhanu Pratap Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kumar Pal,Avanish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 2. The is the second anticipatory bail application. The first application being Criminal Misc. Anticipatory Bail Application No. 5775 of 2024 was dismissed as withdrawn by order dated 05.07.2024 with liberty to approach the court concerned for bail. 3. Now the second anticipatory bail application is filed with the averment that the earlier counsel did not inform about the previous order dated 05.07.2024 and there was no instructions to the earlier counsel. 4. The earlier counsel has filed her affidavit. Para-5 of the affidavit is quoted herein below: "That averment made in paragraph no.3 of the IInd Anticipatory Bail Application 11568/2024 is totally misguide the Hon'ble Court because counsel of the applicant namely Fatma Khatoon Advocate had given 2 contact No. as 9580149012 and 9307124622 and he was is consult from December 2023 to September 2024 and he very well known about my chamber and the aforesaid order loaded on 9th July 2024, I informed him and advised to file Bail Application as per direction of the Hon'ble Court but after a week he made a call and said his advocate of Jhansi was saying that I would be send in jail, perhaps due to this reason he did not apply for bail and made a false statement in para No.3." 5. Once the previous counsel has given affidavit that applicant was in knowledge of the order dated 05.07.2024, despite the aforesaid fact the second anticipatory bail application was filed on 16.11.2024 without even giving a notice to the earlier counsel, who had withdrawn the first anticipatory bail application, it seems that the applicant has given after thought that he did not received the order dated 05.07.2024 and as such this Court declines to entertain the present application. 6. The anticipatory bail application is, accordingly, rejected. Order Date :- 7.4.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad