RAM KUBER @ RAM KUBER DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/1387/2025 · 2025-12-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195980 (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. - 1387 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.75 of 2024 under sections 419, 420, 406 I.P.C., P.S. Kotwali Ayodhya, district Ayodhya. 2.Heard learned counsel for the applicant, Mr. A.P. Singh Vishen, Advocate who has filed vakalatnama for the respondent No.2 which is taken on record, and learned Additional Government Advocate for the State. 3.Learned A.G.A., at the outset, has raised an objection that the offence is punishable upto seven years. Crl. Misc. Writ Petition No.1624 of 2024 filed by the applicant Ram Kuber and another was dismissed and the applicant was granted benefit of the judgment of Supreme Court in Arnesh Kumar versus State of Bihar and another (2014)8 SCC 273 and Satender Kumar Antil vs. CBI and another (2022)10 SCC 51. He submits that it is not disputed by the applicant that no notice has been given by the investigating officer to the applicant. Consequently no summon or warrant has been issued against him. There is no apprehension of arrest at this stage. It is submitted that already there is a submission on behalf of the State in the aforesaid petition filed by the applicant that the offences carry sentence below seven years and there is no apprehension of arrest of the applicant. Versus Counsel for Applicant(s) : Vaibhav Mishra Counsel for Opposite Party(s) : G.A. Ram Kuber @ Ram Kuber Dwivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
4.Considering the above aspects of the matter, perusal of the record, this court feels that neither any notice has been issued by the investigating officer nor consequential summoning or bailable warrant has been issued, there appears to be no apprehension of arrest and the present anticipatory bail application appears to be premature. 5.It is accordingly rejected, with liberty to the applicant to approach this court in case the occasion arises. December 19, 2025 kkb/ ABAIL No. 1387 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench