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2025 DAILYLAW 151206 (ALL)

PAWAN KUMAR JAISWAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/783/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40260 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 783 of 2025 Applicant :- Pawan Kumar Jaiswal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd.Mateen,Furkan Pathan,Ripu Daman Shahi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. 2.The present application has been filed seeking anticipatory bail in case complaint case No.365 of 2019 under sections 406, 417, 420, 120-B, 504, 506 I.P.c., P.S. Kotwali Nagar, district Balrampur. 3.Learned counsel for applicant submits that he may be permitted to surrender before the court below with an application for regular bail which may be disposed of in view of the judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection, however, he submits that the accused applicant was summoned in the year 2021 and he is absconding. Proceeding under section 82 CrPC (now section 84 BNSS) has already been initiated against him. 4.On due consideration to the fact that the offences are punishable to less than 7 years, the applicant has no criminal antecedent and the argument advanced, it is provided that in case the applicant surrenders before the concerned court within 10 days from today and files a regular bail application, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). For a period of 10 days, no coercive action shall be taken against the applicant. Order Date :- 15.7.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench