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2025 DAILYLAW 135756 (ALL)

JAGDAMBA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/436/2025 · 2025-04-24

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23307 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 436 of 2025 Applicant :- Jagdamba Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Om Prakash Tiwari,Mamta Tripathi,Shilpi Singh Bhadauriya 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 while power on behalf of complainant has been filed by Mr. Ram Prasad Dwivedi and Ms. Ruby Maurya, Advocates which is taken on record. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.200 of 1994 under Section 364 I.P.C., P.S. Ikauna, District Bahraich. 3. Learned Additional Government Advocate as well as learned counsel for complainant have raised a preliminary objection with regard to maintainability of anticipatory bail application with submission that applicant is not cooperating during course of trial as would be evident from order dated 08.04.2025 passed by Sessions Court rejecting anticipatory bail application of applicant. 4. A perusal of said order reveals that the summoning order had been challenged by applicant once earlier as well with Writ Petition No.2020 of 2000 having been filed and was also dismissed on 17.12.2004. Non-bailable warrants have been issued against applicant continuously since 30.09.2016. Submissions of learned counsel for opposite parties therefore are evident on the basis of record. 5. In such circumstances, this Court does not find any occasion to grant indulgence with regard to anticipatory bail particularly since the matter pertains to year 1994 and trial is held up on account of same. However, applicant would have liberty to approach Sessions Court for regular bail. 6. Anticipatory Bail Application is dismissed. Order Date :- 24.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench