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2025 DAILYLAW 198480 (ALL)

AMITABH BHATTARCHARYA v. STATE OF U.P. THRU. ITS SECY. MINISTRY OF HOME AFFAIRS LKO.

ABAIL/1138/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

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. - 1138 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.0059 of 2023 under sections 406, 419, 420, 467, 468, 471, 504, 506, 120-B I.P.C., P.S. P.G.I., district Lucknow. 2.Heard learned counsel for the applicant, Mr. Abhishek Yadav, learned counsel for the informant who has filed counter affidavit which is taken on record, and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant was granted anticipatory bail vide order dated 3.9.2024 passed by this Court till filing of the police report, with certain conditions in Anticipatory Bail No.1288 of 2024. It is submitted that after the order was passed, police report/charge sheet has been filed. No fresh material has been brought on record by the prosecution. The grounds which were raised in the earlier anticipatory bail application are being pressed again by the applicant's counsel. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel, however, he does not dispute the fact that there is no fresh material other than what was before this court while the order was passed on 3.9.2025 by which the application for anticipatory bail was Versus Counsel for Applicant(s) : Gyanesh Kumar Singh Counsel for Opposite Party(s) : G.A. Amitabh Bhattarcharya .....Applicant(s) State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. .....Opposite Party(s) allowed. 5.Considering the above aspects of the matter, perusal of the record, the fact that the applicant has not misused the liberty granted by this court, there is no fresh material collected by the prosecution while filing charge sheet, the judgment of Supreme Court in Dr. Rajesh Pratap Giri versus State of U.P. and another passed in Criminal appeal Nos.272-273 of 2021 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 15, 2025 kkb/ ABAIL No. 1138 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench