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2025 DAILYLAW 203334 (ALL)

ASHUTOSH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/1373/2025 · 2025-12-12

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. - 1373 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.80 of 2021 under sections 406, 504, 409, 506, 34 I.P.C., P.S. Hazaratganj, district Lucknow. 2.Heard learned counsel for the applicant and Mr. Alok Tiwari, learned Additional Government Advocate for the State. 3.Learned A.G.A. has, at the outset, raised a preliminary objection that this is the third anticipatory bail application of the applicant. The first was rejected vide order dated 28.7.2021, (Annexure No.3). The second anticipatory bail was rejected vide order dated 2.8.2025 passed by a Coordinate Bench of this Court. The order is annexed as Annexure No.4 to the bail application. It is submitted that the applicant has not explained the delay in approaching this court. 4.On a query being made, learned counsel for the applicant could not show from the affidavit filed in support of the bail application of any explanation of delay in approaching this court after rejection of anticipatory bail application by the Sessions court. A perusal of the record shows that the first information report was registered in the year 2021. Anticipatory bail application was rejected by the Sessions Judge, Lucknow on 12.7.2021. Now, after four years, he has filed this application for anticipatory bail. No explanation of delay has Versus Counsel for Applicant(s) : Amritesh Kumar Tripathi, Parth Srivastava, Rajat Singh Counsel for Opposite Party(s) : G.A. Ashutosh Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) been given at all. It is more than four years and seven months since the first information report was registered. A perusal of the record further shows that in the anticipatory bail application before the Sessions Court, an argument was raised by learned counsel for the informant that the fact regarding first information report No.150 of 2020 under sections 409, 420, 467, 468, 471 I.P.C., P.S. Hazratganj, Lucknow is registered against him has no where been stated by the accused applicant. While filing this anticipatory bail application, again the applicant has suppressed this fact that the first information report No.150 of 2020(supra) is registered. No averment regarding this first information report whether it is registered or not has been given by the applicant. 5.In view of the above, considering the manner in which the applicant has approached this court after four years of rejection of his first anticipatory bail application as also the suppression of the fact of registration of the first information report, noted above, and further this being the exceptional jurisdiction, this court is not inclined to entertain present application for anticipatory bail. 6. The application is rejected accordingly. December 12, 2025 kkb/ ABAIL No. 1373 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench