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2025 DAILYLAW 153397 (ALL)

ANIL KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER

ABAIL/829/2025 · 2025-07-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43535 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 829 of 2025 Applicant :- Anil Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for applicant as well as learned Additional Government Advocate for State. The present application for anticipatory bail has been filed for protection in regard to FIR/Case Crime No.188/2008, U/S- 419,420,467,468,471 I.P.C., Police Station-Kotwali Nagar, District-Balrampur. Notice to respondent no. 2 is dispensed with in view of the proposed order. Perused the record. A perusal of the record shows that the FIR was lodged in the year 2008. Bailable warrants were issued against the applicant on 09.03.2009, followed by non-bailable warrants on 06.10.2009. The applicant is absconding for the past 16 years. It is noted that all co-accused have already been granted regular bail. The continuous abscondence of the applicant from the proceedings before the trial court cannot be overlooked. He has not cooperated with the trial process. Hence, no ground for granting anticipatory bail is made out. Accordingly, the anticipatory bail application stands dismissed. At this stage, applicant's counsel prays that he may be given liberty to file a regular bail application which may be decided in view of law laid by Supreme Court passed in Special Leave to Appeal (Cri) No.5191 of 2021 "Satender Kumar Antil versus Central Bureau of Investigation and another". In view of the request made by learned counsel for the applicant, it is provided that in case a regular bail application is filed within 30 days from the date of receipt of certified copy of this order, the same be decided in view of the law laid by by Supreme Court vide order dated 7.10.2021 passed in the case of Satender Kumar Antil (supra). Order Date :- 29.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench