ASHARAF @ ASHARAF HUSEN v. State of U.P. THRU PRINCIPAL SEC. HOME AND ANOTHER
ABAIL/343/2025 · 2025-04-02
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18124 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 343 of 2025 Applicant :- Asharaf @ Asharaf Husen Opposite Party :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1.
2. In view of order being passed, notices to opposite party no.2 stand dispensed with.
3. Second Anticipatory Bail Application has been filed with regard to Case Crime no.09 of 2013 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Pisawan, District Sitapur.
4. At the very outset, learned Additional Government Advocate submits that applicant's earlier Anticipatory Bail Application no.252 of 2025 in the same case crime number has already been rejected by means of order dated 28.02.2025.
5. Learned counsel for applicant does not dispute the said fact but submits that after February, 2025 also proceedings of trial are not continuing due to which apprehension of arrest continues.
6. Upon consideration of submissions advanced by learned counsel for parties and perusal of earlier order dated 28.02.2025 passed in Anticipatory Bail Application no.252 of 2025, it transpires that applicant's earlier Anticipatory Bail Application with regard to same case crime number has been rejected primarily on ground that despite several notices, applicant did
not appear and has avoided proceedings of trial court and thus he is not cooperating in trial proceedings. The Court also noticed that applicant has failed to satisfactorily substantiate that applicant would not tamper with evidence and would not threaten witnesses and it is in such terms, looking into gravity of offence, Anticipatory Bail Application was rejected.
7. Learned counsel for applicant has not been able to indicate any reason why this Court should take a contrary view to one which has already been taken earlier.
8. In view of aforesaid, this Court does not find any good ground to intervene in Anticipatory Bail Application. It is therefore rejected. Order Date :- 2.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench