HARISHANKAR JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER
ABAIL/534/2025 · 2025-05-16
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140324 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140324 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28819 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 534 of 2025 Applicant :- Harishankar Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vyas Narayan Shukla 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. First Anticipatory Bail Application has been filed with regard to Case Crime no.0404 of 2004, under Sections 147, 148, 149, 307, 336, 506 IPC, Police Station Amethi, District Amethi. 4. At the very outset, learned A.G.A. submits that charge sheet against the applicant was filed in the year 2005 whereafter non bailable warrants have been issued against the applicant due to his non cooperation in trial. 5. On the contrary, learned counsel for the applicant submits that there were nine accused in the matter in which compromise was effected including the applicant but subsequently seven persons approached this Court in a petition under Section 482 Cr.P.C. bearing No.1474 of 2011 in which the proceedings were quashed vide order dated 31.03.2011. However, the applicant was not a party in the said proceedings. It is submitted that cross case bearing Case Crime no.404A was also challenged before this Court in a petition under Section 482 Cr.P.C. bearing No.6 of 2011 in which also the proceedings were quashed. It is submitted that inadvertently the applicant was not a party in the said proceedings due to which he was unable to seek quashing of the proceedings so far he was concerned. 5. It is also submitted that subsequently the applicant and one Shanker Lal, the two persons remaining filed application under Section 482 Cr.P.C bearing no. 2162 of 2011 which however,
has been dismissed vide order dated 20.12.2023 primarily on the ground that it is not evident whether the compromise was verified by the trial court or not. 6. In view thereof, it is submitted that the applicant would like to pursue quashment of proceedings with regard to compromise in case it has been verified. 7. Considering the submissions, the present application is dismissed as not pressed with the aforesaid liberty.
Order Date :- 16.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench