Neutral Citation No. - 2025:AHC:56251-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6571 of 2025 Petitioner :- Sanjeev Kumar Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Dileep Kumar Srivastava,Ranvijay Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri Shashidhar Pandey, learned A.G.A. for the State respondents. 2. By means of the present writ petition the petitioner is praying to quash the F.I.R. dated 16.07.2024 registered as Case Crime No.0289 of 2024 under sections 419, 420, 406, 467, 468, 471, 504, 506 I.P.C., at P.S. Nawabganj, District Prayagraj/ Allahabad. 3. At the very outset, learned counsel for the petitioner places reliance on the order dated 25.11.2024 passed by the learned Single Judge in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. 9711 of 2024 (Sanjeev Kumar Yadav vs. State of U.P. and 2 Others), which was disposed of in light of the judgment of the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and Another, reported in 2021 SCC OnLine SC 922. The court directed the petitioner to appear before the court below for regular bail within two weeks, and in the meantime, no coercive action was to be taken against him. Learned counsel for the petitioner fairly submits that, at the time of passing the said order dated 25.11.2024, the petitioner was unaware of co-accused, namely Suraj Prasad Sharma @ Suraj Sharma and another, who had invoked the writ jurisdiction by preferring CRIMINAL MISC. WRIT PETITION No. 15063 of 2024 (Suraj Prasad Sharma @ Suraj Sharma and Another vs. State of U.P. and 3 Others), which was disposed of by a Division Bench by order dated 04.09.2024 with an observation that the petitioners shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. In this backdrop, learned counsel states that the petitioner subsequently came to know about the said order dated 04.09.2024 and seeks similar indulgence in the present matter. 4. The relief is opposed by the learned A.G.A. on two grounds. Firstly, the present writ petition is not maintainable, as the learned Single Judge has already disposed of CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. 9711 of 2024 (supra) by order dated 25.11.2024, directing the petitioner to seek regular bail within two weeks, which he has admittedly failed to do. Secondly, the relief accorded to the co-accused in the matter of Suraj Prasad Sharma @ Suraj Sharma and Another (supra) cannot be extended to the petitioner herein, as the said order dated 04.09.2024 was prior in time to the order dated 25.11.2024, which accorded the petitioner interim relief for only two weeks. That time has already lapsed, and the petitioner is now in contempt. Furthermore, in the case of Suraj Prasad Sharma @ Suraj Sharma and Another, the police report has already been submitted, whereas the investigation against the present petitioner is still ongoing. 5. Confronted with the situation, learned counsel for the petitioner fairly states that the present writ petition may be dismissed as withdrawn, and leave may be accorded to press the regular bail in the light of the observation made by the learned Single Judge made in order dated 25.11.2024 passed CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9711 of 2024. 6. Accordingly, the writ petition is dismissed as withdrawn. Two weeks’ further time is accorded to the petitioner to apply for regular bail in light of the observations made by the learned Single Judge in the order dated 25.11.2024. Order Date :- 17.4.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad