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2025 DAILYLAW 188348 (ALL)

VIJAY SINGH YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/12060/2024 · 2025-01-15

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Judgment text

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Neutral Citation No. - 2025:AHC:7336 Court No. - 78 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12060 of 2024 Applicant :- Vijay Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajjan Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajjan Singh Yadav, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record. 3. The present anticipatory bail application under Section 482 BNSS has been filed by the applicant- Vijay Singh Yadav with the following prayers:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to enlarge the applicants on anticipatory bail in Case Crime No. 662 of 2024, Under Section 7, Prevention of Corruption Act 1988, Police Station Bansgaon, District- Gorakhpur, during the trial of the case, otherwise the applicant will suffer irreparable loss and injury, and/or may pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, it is pointed out by learned counsel for the State that the applicant had filed a Criminal Miscellaneous Writ Petition No. 21994 of 2024 (Vijay Singh Yadav vs. State of U.P. and 2 others) in which Division Bench of this Court vide order dated 03.12.2024 refused the prayer for quashing of the F.I.R. with an exception that if the petitioner therein files an application for bail before the trial court, his bail application be considered and disposed of as expeditiously as possible in accordance with law, copy of the said order has been produced before the Court which is taken on record. It is submitted by learned counsel for the State that there is no disclosure of the said fact in the present petition and even the order passed in the said writ petition has not been enclosed and annexed with the present petition which has to be treated as concealment of relevant and important fact. It is submitted that looking to the said conduct of the applicant, the present anticipatory bail application be dismissed as the same is filed by concealment of relevant and vital facts and the applicant has not approached the Court with clean hands. Learned State counsel has relied upon the judgements of the Apex Court in the cases of Bhaskar Laxman Jadhav & Ors vs Karamveer Kakasaheb Wagh : (2013) 11 SCC 531 and Kusha Duruka vs. State of Odisha : 2024 SCC OnLine SC 56. 5. While this Court was proceeding to consider the said aspect of the matter, learned counsel for the applicant submits that the present anticipatory bail application be dismissed as withdrawn. 6. Accordingly, the present anticipatory bail application is dismissed as withdrawn. (Samit Gopal,J.) Order Date :- 16.1.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad