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2025 DAILYLAW 109603 (ALL)

MANOJ KUMAR SINGH v. STATE OF U.P. AND ANOTHER

ABAIL/11672/2024 · 2025-02-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21847 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11672 of 2024 Applicant :- Manoj Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- Ashutosh Pratap Singh,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; counsel for the informant; learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicant for enlarging the applicant on bail in Case Crime No.169 of 2022, under Sections 420, 408 I.P.C., P.S. Awagarh, District Etah, during the pendency of the trial. 3.Counsel for the informant raised preliminary objection that earlier the applicant challenged the charge sheet by filing Application under Section 482 No.10289 of 2024 before this Court and the Co-ordinate Bench of this Court vide order dated 22.05.2024 passed following order: "1. Heard counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State. Perused the records. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 29.09.2022 as well as the cognizance order dated 14.07.2023 in Case No. 3034 of 2023 (State vs. Manoj Kumar Singh), arising out of Case Crime No. 169 of 2022, under Sections 420, 408 of I.P.C., Police Station- Awagarh, District- Etah, pending before Judicial Magistrate/ Civil Judge (Junior Division), Jalesar, Etah. 3. After arguing the matter at some length, counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file his bail application before the court of competent jurisdiction. 4. Learned A.G.A. for the State has no objection to such request. 5. In view of the above, this application is disposed of as withdrawn with liberty to the applicant to appear before court concerned and file appropriate application for bail, which shall be decided in the light." 5. Considered the argument raised by counsel for the parties and perused the record. No interference is warranted by this Court. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected. 6. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in 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 the applicant. Order Date :- 14.2.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad