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2025 DAILYLAW 182538 (ALL)

MOHAMMAD RAIS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

/1312/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1312 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Mohd. Haroon, Advocate, has put in appearance on behalf of the complainant/opposite party No. 2 by filing his vakalatnama, which is taken on record. 2. This application has been filed by the applicant mainly with the following prayer: For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to release the applicant on anticipatory bail in Case Crime No. 0093/2025 U/s:- 61(2), 318(4), 319(2), 338, 336(3) & 340(2) BNS,2023 Police Station- Wazirganj, District-Lucknow, during the pendency of trial, in event of his arrest. 3. Learned counsel for the complainant has taken plea that learned counsel for the applicant has quoted para nos. 28, 34 and 36 of the judgment, which is not permissible under Chapter IV Rule 8 of the Allahabad High Court Rules 1952, wherein it is provided: "8. Affidavits filed or presented in Court:- The provisions of Rules 5,6 and 11 of Chapter IX shall, so far as may be, apply to an affidavit filed or presented in Court. It shall be in the language of the Court and shall bear the general hearing: "In the High Court of Judicature at Allahabad." The affidavit and every exhibit annexed thereto shall be marked with the particulars of the case or proceeding in which Versus Counsel for Applicant(s) : Abhishek Mishra, Samanvya Dhar Dwivedi, Tarun Tiwari Counsel for Opposite Party(s) : G.A. Mohammad Rais .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) it is sworn. The affidavit shall contain no statement which is in the nature of an expression of opinion or argument." and submitted that it is against the High Court Rules. 4. At this juncture Sri Samanvya Dhar Dwivedi, learned counsel for the applicant submits that he wants to withdraw the application with permission to file afresh. In view of the aforesaid, this instant application is dismissed as not pressed, with liberty to file a fresh. November 28, 2025 A.Nigam ABAIL No. 1312 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench