KAILASH NATH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
ABAIL/507/2025 · 2025-05-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 507 of 2025 Applicant :- Kailash Nath Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Harshit Singh,Garima Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State.
2. This first anticipatory bail application has been filed with regard to Case Crime No.0227 of 2023 under Sections 406 & 420 IPC, P.S. Chhapia, District Gonda.
3. At the very outset, learned Additional Government Advocate appearing on behalf of State has opposed anticipatory bail on the ground that applicant has not co-operated in the investigation due to which not only non-bailable warrant but proceedings under Sections 82 & 83 Cr.P.C. were also initiated and have already been implemented but the applicant is avoiding his presence.
4. Learned counsel for applicant, on the contrary, submits that who was unaware of any such proceeding against him.
5. Considering submissions advanced and also from a perusal of first anticipatory bail rejection order passed by Sessions Judge, it is evident that applicant has not co-operated in the investigation leading to issuance of non-bailable warrant and process under Sections 82 & 83 Cr.P.C.
6. Considering aforesaid facts as well as the nature of allegations levelled in the FIR, this Court does not find any good ground to grant indulgence. However, liberty is granted to the applicant to apply for regular bail before the Court concerned which may be considered and decided in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 in case the same is applicable.
7. In view of aforesaid, the application stands dismissed. Order Date :- 8.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench