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Neutral Citation No. - 2025:AHC:101096 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7202 of 2024 Applicant :- Sanjeev Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Atul Mehra,Sr. Advocate Counsel for Opposite Party :- G.A.,Gaurav Dixit,Raghuvansh Misra,Ram Lal Mishra Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Sri Sanjeev Singh, learned Senior Counsel assisted by Sri Atul Mehra, learned counsel for the applicant.
2. On 13.09.2024 following order was passed:
"1. In the present case, learned counsels for the respective parties submit that the dispute primarily is of Rs. 1.5 crores. At this stage, learned counsels for the respective parties submit that a sum of Rs. 36,82,016/- has already been received by the informant.
2. Learned counsel for the applicant has handed over a demand draft dated 17.08.2024 bearing no.904586 of Rs.13,17,984/- of Union Bank of India to
learned counsel for the informant today in Court.
3. Learned counsel for the applicant submits that as a mark of bona fide applicant is ready to deposit a sum of Rs. 1 crore on or before 21.09.2024 with the Registrar General of this Court.
4. Learned A.G.A. and learned counsel for the informant has no objection in case applicant deposits a sum of Rs. 1 crore on or before 21.09.2024 with the Registrar General of this Court.
5. In view of the undertaking given by counsel for the applicant, in the event, applicant deposits a sum of Rs. 1 crore on or before 21.09.2024 with the Registrar General of this Court, the same shall be accepted and kept in the fixed deposit account of a nationalized bank bearing interest and receipt of the same shall be issued to the applicant.
6. List this case on 23rd September 2024, in top ten cases.
7. Interim order granted earlier is extended till the next date of listing."
3. On 23.09.2024 following order was passed:
"1. Learned counsel for the applicants submits that in pursuance to order dated 13.9.2024, applicants have deposited a sum of Rs.1 crore with Registrar General of this Court.
2. Endorsement to the effect has been made in the order sheet by the Registry on 19.9.2024.
3. At this stage, learned counsel for the informant and learned AGA prays for and are granted three weeks' time to file counter affidavit.
4. List this case on 11.11.2024 in top ten cases.
5. Interim order, granted earlier, shall continue, till the next date of listing."
4. In compliance of these aforesaid two orders the applicant has deposited one crore fifty lac rupees. The protection order was extended from time to time.
5. Learned counsel for the applicant has placed the orders dated 22.04.2025 passed in Crl. Misc. Writ Petition No. 3487 of 2025 and Crl. Misc. Writ Petition No. 20605 of 2024 by which protection has been granted by the Coordinate Bench of this Court. He further submits since protection has already been granted by this Court, therefore, the present anticipatory bail application has become infructuous.
6. According, the instant anticipatory bail application is dismissed as infructuous.
Order Date :- 1.7.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad