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2025 DAILYLAW 119402 (ALL)

MAQSOOD v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND ANOTHER

ABAIL/116/2025 · 2025-01-28

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5366 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 116 of 2025 Applicant :- Maqsood Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Learned counsel for applicant has filed supplementary affidavit today in Court and the same is taken on record. 2. Heard Sri Ashish Kumar Shukla, learned counsel for applicant and Sri Ashok Kumar Singh, learned A.G.A. for State. 3. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with. 4. Learned counsel for the applicant has submitted that present applicant is apprehending his arrest in Case Crime No.370 of 2018, under Sections 363, 366, 376-D I.P.C., Police Station- Mandhata, District-Pratapgarh. 5. Learned counsel for applicant has further stated that since one of the co-accused got married with the prosecutrix so the present applicant has been granted interim protection by the Division Bench in Writ Petition No.14 (M/B) of 2019; 'Mohd. Maksood Vs. State of U.P. & Others' vide order dated 16.01.2019. After filing of the charge-sheet the aforesaid writ petition was dismissed as infructuous vide order dated 05.12.2019 (Annexure No. SA-2 to the supplementary affidavit). Learned counsel applicant has stated that the prosecutrix and father of the prosecutrix have been declared hostile by the learned Trial Court after recording their statements. 6. On being confronted the learned counsel for applicant as to what happened after dismissal of the writ petition wherein the interim protection was granted to the applicant. Learned counsel for applicant has stated that since then there was no protection, however, no proclamation etc. has been issued against the applicant. Further, he is not aware as to whether any non-bailable warrant has been issued or not. 7. At this stage, learned counsel for applicant has requested that liberty may be given to the present applicant to appear/surrender before the learned Trial Court and may file his regular bail application. So the directions may be issued to the learned Trial Court to consider and dispose of the bail application with expedition without giving any unnecessary adjournments to any of the parties. 8. On such request, learned A.G.A. has no objection. 9. Therefore, without entering into the merits of the issue, I hereby dispose of the present bail application with liberty to the applicant to appear/surrender before the learned Trial Court within a period of two weeks from today and file his regular bail application. In case any such bail application is filed by the applicant, the learned Trial Court shall consider and decide the same with expedition without giving any unnecessary adjournments to any of the parties. 10. This bail application is disposed of accordingly. [Rajesh Singh Chauhan,J.] Order Date :- 28.1.2025/Arti- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench