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2025 DAILYLAW 174679 (ALL)

RAM DULARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/1696/2025 · 2025-11-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1696 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State. 2. The submission of learned counsel for the applicant, at the very outset, is that although the interim anticipatory bail application filed before the learned Sessions Judge has been rejected, the matter is fixed on 14.11.2025, precisely, day after tomorrow. 3. Learned A.G.A for the State submits that since the bail application is already listed before learned Sessions Judge after two days, it would be appropriate that the same would be decided by the learned Sessions Judge first. 4. This court has gone through the rejection order dated 30.10.2025, by which the interim anticipatory bail application has been rejected, however, the date was fixed after fourteen days for disposal of the anticipatory bail application of the applicant. In the present case, the anticipatory bail application, after rejection of the interim anticipatory bail application has been kept pending for several days without passing any order. This practice has been deprecated by the Hon'ble Supreme Court in the case of Anna Waman Bhalerao versus State of Maharashtra 2025 SCC Online SC 1974. The relevant paragraph no. 17(d) is quoted hereinbelow:- "Being the highest constitutional fora in the States, High Courts must devise suitable mechanisms and procedures to avoid accumulation of pending bail/anticipatory bail applications and ensure that the liberty of citizens is not left in abeyance. In Versus Counsel for Applicant(s) : Atul Verma, Akhilendra Pratap Singh, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Ram Dulari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) particular, bail and anticipatory bail applications shall not be kept pending for long durations without passing orders either way, as such pendency directly impinges upon the fundamental right to liberty." 5. In view of the above and considering the fact that the anticipatory bail application is already listed before the learned Sessions Judge on 14.11.2025 and without entering into the merits of the case, the application is disposed of with a direction to the learned Sessions Judge to decide the anticipatory bail application finally on the next date. November 12, 2025 DiVYa NABAIL No. 1696 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench