BANS LOCHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
ABAIL/485/2025 · 2025-05-14
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137799 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137799 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28315 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 485 of 2025 Applicant :- Bans Lochan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Shukla,Avinash Mishra 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 and perused the record. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Earlier, vide order dated 06.05.2025, the following order had been passed:
"1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.0192 of 2024 under Sections 147, 148, 149, 323, 504, 506, 308 converted into Section 307 I.P.C., P.S. Cantt. District Ayodhya. 3. At the very outset, learned Additional Government Advocate has opposed the Anticipatory Bail Application with submission that as per instructions received applicant is not cooperating in the investigation due to which non- bailable warrant was issued on 27.08.2024 whereafter proclamation under Sections 82 and 83 Cr.P.C. has already been issued against applicant. 4. Learned counsel for applicant however submits that proceedings under Sections 82 and 83 Cr.P.C. were challenged by applicant in a petition under Section 482 Cr.P.C. bearing no.11454 of 2024 which was disposed of vide order dated 18.12.2024 granting liberty to applicant to apply for regular Bail. It is submitted that in pursuance thereof, applicant submitted a surrender application dated 21.01.2025 along with Regular Bail, which however was rejected on ground that it was not maintainable since applicant was not under custody with Bail Application also being rejected by this Court. It is submitted that First Anticipatory Bail Application preferred by applicant was rejected by court below. 5. In view of such submission, learned Additional Government Advocate is granted a week's time to obtain
instructions as to whether surrender application preferred by applicant before trial court earlier was rejected or withdrawn by applicant. 6. List this case on 14.05.2025, as fresh."
3. In pursuance thereof, learned AGA has been provided written instructions dated 12.05.2025 and in term of which it has been submitted that earlier surrender application preferred by applicant before trial court was dismissed as not pressed. 4.
In view of such a submission, this Court does not find good ground to grant any indulgence particularly since proclamation under Sections 82 and 83 Cr.P.C. have already been issued. Applicant however is granted liberty to approach trial court for regular bail. 5. The application stands disposed of. Order Date :- 14.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench