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2025 DAILYLAW 161041 (ALL)

PARITOSH TRIPATHI v. STATE OF U.P. PRIN. SECY. HOME LKO AND ANOTHER

A482/7176/2025 · 2025-09-02

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7176 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. At the very outset, Shri Rajendra Kumar Pandey, learned counsel for the applicant submits that he does not wish to press the prayer sought in the application and recasts the relief. The only prayer made by the learned counsel for the applicant is that the applicant may be permitted to approach the learned trial court for interim bail application/bail application (without prejudice to his other remedies) which may be processed expeditiously and as per law. Shri Anurag Verma, learned A.G.A. does not have any serious objection to the aforesaid prayer. In wake of the preceding submissions, interest of justice will be served by disposing of the application with the following directions: I. The applicant is directed to surrender before the trial court within a period of one month to apply for bail/interim bail. II. In case the applicant surrenders within the aforesaid period of one month, the learned trial court shall decide the bail application/interim bail application of the applicant expeditiously as per relevant holdings of various constitutional Courts including the law laid down by the Supreme Court in Versus Counsel for Applicant(s) : Rajendra Kumar Pandey, Krishna Chandra Pant, Siddhesh Dubey Counsel for Opposite Party(s) : G.A. Paritosh Tripathi .....Applicant(s) State Of U.P. Prin. Secy. Home Lko And Another .....Opposite Party(s) Satendra Kumar Antil Vs. Central Bureau of Investigation and another, rendered in Special Leave to Appeal (Crl.) No.5191 of 2021. In view of the aforesaid undertaking the proceedings of Case No. 41936 of 2015 (State Vs. Sanjay Yadav and another) arising out Case Crime No. 369 of 2014 under Sections 406, 420, 506 IPC and Section 138 of N.I. Act Police Station Gajipur, District Lucknow shall remain stayed for a period of one month. The bail application/interim bail application filed by the applicant shall be decided independently without being influenced by the interim protection granted for a fixed period of one month. In the event of breach of the aforesaid undertaking or failure of the applicant to surrender himself before the trial court within one month, this interim protection shall stand vacated without recourse to this Court. Thereafter the learned trial court shall immediately record a finding to this effect and forthwith proceed against the applicant in accordance with law. The Application U/S 482 Cr.P.C. is disposed of. September 2, 2025 Dhananjai A482 No. 7176 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench