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2025 DAILYLAW 48800 (ALL)

ANAND PRAKASH v. STATE OF U.P. AND ANOTHER

ABAIL/10226/2023 · 2025-02-13

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20904 Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10226 of 2023 Applicant :- Anand Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pulak Ganguly,Sunil Kumar Tiwari Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri Ashok Kumar Singh, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This is second anticipatory bail application of the applicant. 4. This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant- Anand Prakash, seeking anticipatory bail in Case Crime No. 0805 of 2019, under Sections 406, 417, 418, 420, 467, 468, 471, 120-B, 201 IPC, Police Station Hapur Nagar, District Hapur, till conclusion of trial. 5. At the very outset, learned counsel for the first informant raises a preliminary objection that the anticipatory bail application of the applicant before the Sessions Judge concerned being Anticipatory Bail Application No. 2276 / 2023 (Anand Prakash Vs. State of U.P.) was got dismissed as not pressed vide order dated 02.08.2023 passed by the In-charge, Additional District & Sessions Judge-Ist, Hapur and thus the same was not decided on merits and as such the present anticipatory bail application after the same is not maintainable. 6. On countering learned counsel for the applicant about it, he submits that the present anticipatory bail application be dismissed as withdrawn as he shall seek appropriate remedy available to him under law. 7. As prayed, the present anticipatory bail application is dismissed as withdrawn. 8. Interim order, if any, stands vacated. Order Date :- 13.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad