Neutral Citation No. - 2025:AHC-LKO:3506 Court No. - 31 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2548 of 2024 Applicant :- Ajay Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava,Varun Kumar Gupta Counsel for Opposite Party :- G.A.,Kartikeya Yadav,Prateek Agrawal,Sunil Kumar Singh Hon'ble Sanjay Kumar Singh,J. The matter is taken up through video conferencing from Allahabad. Heard learned counsel for the applicant, learned A.G.A. representing the State and learned counsel for the complainant. The instant anticipatory bail application under Section 438 Cr.P.C. has been preferred by the applicant seeking extension of anticipatory bail order dated 09.11.2022 passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1856 of 2022 arising out of Case Crime No. 460 of 2022, under Sections 406, 420, 467, 468, 471, 506, 120-B IPC, police station Gomti Nagar, district Lucknow. During the course of arguments, learned A.G.A. representing the State as well as learned counsel for the complainant raised an objection that Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1856 of 2022 has already been decided vide order dated 09.11.2022, therefore, there is no question of extension of the said order dated 09.11.2022. In response, learned counsel for the applicant submits that the applicant was granted anticipatory bail till submission of police report under Section 173(2) Cr.P.C. Since charge-sheet has been submitted against the applicant, therefore, the applicant may be allowed to withdraw this anticipatory bail application with liberty to file fresh anticipatory bail application with better particulars and prayer. Learned A.G.A. and learned counsel for the complainant do not have objection to such prayer of learned counsel for the applicant. In view of the above, instant anticipatory bail application is dismissed as withdrawn with liberty to file a fresh anticipatory bail application after prior service of notice upon learned A.G.A. for the State and learned counsel for the complainant. It is made clear that in case fresh anticipatory bail application is moved by the applicant, this order will not come in the way of deciding the same on its merit. Order Date :- 20.1.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench