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2025 DAILYLAW 130440 (ALL)

JAIKARAN NATH MISHRA v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER

A482/2656/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19675 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2656 of 2025 Applicant :- Jaikaran Nath Mishra Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to quash the impugned part of order dated 20.032025 whereby learned Sessions Judge, Gonda declined to grant the interim bail/interim protection passed in Anticipatory Bail Application No. 570 of 2025 (Jaikaran Nath Mishra versus State of U.P). 2. Learned counsel for the applicant has submitted that an F.I.R 12.11.2024 was lodged against the applicant by respondent no. 2, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C, Police Station Colonelganj, District Gonda. 3. It is further submitted that the dispute is with regard to the property which is inherited by the applicant through registered will deed on which the applicant is also claiming his right on the basis of the sale deed executed in the year 1995 and the dispute is pending before the Tehsildar in the mutation proceedings. 4. It is further submitted that the applicant has filed an application for anticipatory bail before the concerned court alongwith the prayer for interim bail on 20.03.2025. The prayer for interim bail was rejected on the very same day and for order on anticipatory bail, the date was fixed as 03.04.2025. Thereafter, now the next date fixed in the case is 17.04.2025 for the purposes of deciding the anticipatory bail application preferred by the applicant. 5. On the other hand, Shri A.M. Tripathi, learned counsel for respondent no. 2 has submitted that the case was listed on 03.04.2025, but it was adjourned on the request of learned counsel for the applicant and the complainant is always ready to co-operate in the proceedings. 6. At this stage, learned counsel for the applicant has submitted that a direction may be issued to the court concerned to decide the anticipatory bail application on 17.04.2025 i.e. the next date fixed without granting any unnecessary adjournments to either of the parties. 7. As such, the present application is disposed of and it is expected that the court concerned shall make an endeavour to decide the anticipatory bail application of the applicant on the next date fixed i.e. on 17.04.2025, in accordance with law, in case there is no any other legal impediment, and if any adjournment is unavoidable, only short dates may be fixed. Order Date :- 8.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench