VINOD KUMAR YADAV @ VINOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
ABAIL/653/2025 · 2025-10-29
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182162 (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. - 653 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well learned AGA and learned counsel for the complainant. The Coordinate Bench of this Court vide order dated 13.10.2025 passed the following order:-
"1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record so also the order passed by the court on 13.06.2025.
2. Learned counsel for the applicant submitted that a cheque to the tune of Rs. 35,33,500/- has been drawn in favour of the complainant, however, he could not comply the order dated 13.06.2025, owing to some financial difficulties, but he is still ready to pay the aforesaid amount , therefore, a post-dated cheque has been prepared by him.
3. He prays that the order dated 13.06.2025 may be modified and he prays that five weeks' further time may be granted.
4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant.
5. The prayer made by learned counsel for the applicant, if allowed, shall have an Versus Counsel for Applicant(s) : Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Abhishek Mishra, Ramakar Shukla Vinod Kumar Yadav @ Vinod Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s)
effect of modifying the order passed by the co-ordinate bench of this court dated
13.06.2025. Accordingly, the applicant is directed to file an application for modification of the order dated 13.06.2025, within six working days.
6. List this case on 29.10.2025, in terms of the earlier order.
7. Interim relief granted earlier, shall be extended till the next date of listing."
Learned counsel for the applicant, at the very outset, prayed for an extension of fifteen days’ time to enable him to comply with the directions contained in the order dated 13.06.2025. Perused the record. Upon perusal, it is evident that the order dated 13.10.2025, whereby the applicant was directed to file a modification application, has not been duly brought to the notice of this Court by the learned counsel for the applicant. It further transpires that despite the lapse of nearly four months, the applicant has neither complied with the order dated 13.06.2025 nor taken any steps to file the modification application in terms of the subsequent order dated
13.10.2025. In view of the applicant’s failure to comply with the undertaking given in the
order dated 13.06.2025, wherein he had agreed to refund the amount in question within a stipulated period of four months, and considering the further lapse in filing the required modification application, the interim protection earlier granted to the applicant stands cancelled. The applicant shall surrender before the trial court forthwith. Accordingly, the anticipatory bail application is hereby dismissed. Let a copy of this order be sent to the trial court. October 29, 2025 R.C.
ABAIL No. 653 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench