Neutral Citation No. - 2025:AHC-LKO:2514 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8374 of 2024 Applicant :- Vikas Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A.,Shourya Parmar Hon'ble Rajesh Singh Chauhan,J. Heard Sri Shashank Shukla, learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned AGA for the State and Sri Shourya Parmar, learned counsel for the opposite party no. 2. This is a first bail application of the present applicant in Case Crime No. 146 of 2024, under Sections 147, 148, 149, 323, 504, 506, 452, 427, 307 of IPC and Section 4/5 of Explosive Substance Act at P.S. Umari Begumganj District Gonda. At the very outset, objection has been raised from the other side in the light of Section 21(4) of the National Investigating Agency Act, 2008 (hereinafter referred as 'Act, 2008'), which categorically provides that notwithstanding anything contained in sub-section 3 of Section 378 of the Code, an appeal shall lie to the High Court against an order of the special court granting or refusing bail. In the present case, this is an admitted position that the bail of the present applicant has been refused by the special court. The learned counsel for the opposite parties have submitted that three co-accused persons, namely, Deepak Pandey, Santosh Paswan and Suneeta have withdrawn their bail application filed under Section 439 of CrPC, seeking liberty to file appeal in terms of Section 21(4) of the Act, 2008. Further, five appeals have been preferred under Section 21 of the Act, 2008 by the co-accused persons. The details thereof is as under:- 1. CRLA No. 3696 of 2024, Smt Koyla and Anr Vs. State of U.P. 2. CRLA No. 3654 of 2024, Suneeta Vs. State of U.P. 3. CRLA No. 3813 of 2024, Ram Karan and 2 Anr Vs. State of U.P. 4. CRLA No. 3815 of 2024, Santosh Paswan Vs. State of U.P. 5. CRLA No. 3856 of 2024, Deepak Pandey @ Kamlesh Pandey Vs. State of U.P. The learned counsel for the applicant has however tried to justify his stand to file bail under Section 439 of CrPC on the basis of judgement and order dated 26.02.2019 passed by this Court in Bail No. 7249 of 2018 and also referring the dictum of Apex Court in Re:- Naser Bin Abu Bakr Yafai Vs. State of Maharashtra and Another reported in (2022) 6 SCC 308 but no satisfactory reply has been given on the pinpoint query in the light of Section 21(4) of the Act, 2008. The learned AGA has informed that the Investigating Officer, Dharmendra Kumar is present in person along with complete case diary. He also submits that charge-sheet has been filed before the trial Court concerned and cognizance has been taken. At this stage, the learned counsel for the applicant has requested that the present applicant may be given liberty to withdraw this bail application and further liberty may be given to file an appeal before the appellate court. Considering the aforesaid request, this bail application is dismissed being withdrawn, with the aforesaid liberty. Office is directed to return the certified copies of the orders/annexures which have been filed to the learned counsel for the applicant, at the earliest. Order Date :- 15.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench