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2025 DAILYLAW 161270 (ALL)

ANIL KUMAR @ ANIL MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

A482/7198/2025 · 2025-09-10

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7198 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. The applicant has sought for the relief which is extracted hereunder: "for quashing of the entire criminal proceeding as well as summoning order dated 11.12.2008 including order dated 02.07.2025 by which non bailable warrant and 82 and 83 has been issued in case crime no. 489/08 in Sessions trial no. 690/2013, State vs. Raj Kumar Tiwari and others arising out of case crime no. 489/08 u/sec 2/3 of U.P. Gangster act, Police Station Tambor, District Sitapur, pending in the court of Learned Additional District Judge, IX (Gangster's Act) District Sitapur." Learned A.G.A. points out that admittedly the applicant had not joined the trial proceedings and had absconded which resulted in issuance of coercive measures under the law to compel his appearance. The applicant is fugitive from law. Prima facie, the ingredients of the offences are satisfied in the facts and circumstances of this case. Faced with this, Sri Dinesh Chandra Tiwari, learned counsel assisted by Shri Ashish Tiwari, learned counsel for the applicant submits that the applicant does not wish to press the prayer sought in the application. The prayer sought in the application is accordingly declined. Learned counsel for the applicant recasts his relief and submits that the applicant may be permitted to approach the learned trial Versus Counsel for Applicant(s) : Dinesh Chandra Tewari Counsel for Opposite Party(s) : G.A. Anil Kumar @ Anil Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) court for interim bail application/bail application which may be processed expeditiously and as per law. 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 may approach the learned trial court for grant of interim bail/bail application as may be advised. (ii). The learned trial court is directed to decide the interim bail /bail application expeditiously as per relevant holdings of various constitutional Courts including the law laid down by the Supreme Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, rendered in Special Leave to Appeal (Crl.) No.5191 of 2021. The Application U/S 482 Cr.P.C. is disposed of. September 10, 2025 Dhananjai A482 No. 7198 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench