MANISH KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
ABAIL/828/2025 · 2025-08-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153976 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153976 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 828 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. The present anticipatory bail application has been filed seeking anticipatory bail in FIR/Case Crime No. 556 of 2021, under sections 328, 304, 506 I.P.C., P.S. Kotwali Nagar, district Ayodhya.
2. Heard learned counsel for the applicant as well as learned AGA for the State and learned counsel for the complainant.
3. This is second anticipatory bail application. The first anticipatory bail application was disposed of vide order dated 15.03.2022, relevant part of the order is extracted below:-
"In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within one month from today and in case a regular bail application is filed, the same be decided in view of the law laid by Supreme Court vide
order dated 7.10.2021 passed in the case of Satender Kumar Antil (supra). For the period of one month from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant- Manish Kumar Yadav, in the above case. With the above observations and directions, this application is disposed of."
4. Learned AGA submits that the applicant is absconding and proceedings under Section 82 Cr.P.C. have already been initiated against him. Owing Versus Counsel for Applicant(s) : Sunil Kumar Misra, Sandeep Kumar Ojha, Saurabh Kumar Counsel for Opposite Party(s) : G.A., Rajeev Mishra Manish Kumar Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
to his absence, the trial has been unnecessarily delayed.
5. A perusal of the record shows that the first anticipatory bail application was disposed of vide order dated 15.03.2022, wherein the applicant was
directed to surrender before the court concerned and apply for regular bail. It is an admitted position that the said order has not been complied with by the applicant. After a lapse of nearly three years, the present second anticipatory bail application has been filed. The applicant, being an absconder and having failed to comply with the order dated 15.03.2022, does not deserve indulgence of this Court.
6. In view of the aforesaid facts and circumstances, and considering the gravity of the offence, this Court finds no merit in the present anticipatory bail application. Accordingly, the same stands dismissed. August 25, 2025 R.C.
ABAIL No. 828 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench