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2025 DAILYLAW 99295 (ALL)

PASHUPATI NATH SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/8045/2025 · 2025-10-05

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8045 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Man Bahadur Singh, learned Advocate, holding brief of Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.36 of 2006, under Sections 409,420,467,468,471,477A, 120-B and 34 IPC and Section 13(2) Anti Corruption Act, Police Station Maniyar, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits that this is third anticipatory bail application filed on behalf of the applicant and first anticipatory bail application of the applicant was dismissed on merit on 16.7.2021 by Hon'ble Pradeep Kumar Srivastava,J. vide Criminal Misc. Anticipatory Bail Application No. 9639 of 2021 and his second anticipatory bail application has been dismissed as withdrawn. 4. He further submits that however, first anticipatory bail application of the applicant has been dismissed after considering merits of the case but applicant is pressing third anticipatory bail application on the ground that at the time of first anticipatory bail application certain facts could not be placed before this Court. 5. At this stage learned AGA submits that it is a case in which charge sheet has already been filed and applicant did not even disclose when Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Pashupati Nath Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) charge sheet was filed and whether any coercive action has been taken against him or not. 6. He further submits that first anticipatory bail application of the applicant has already been dismissed on merit and his second anticipatory bail application has been dismissed as withdrawn, therefore, third anticipatory bail application of the applicant without any new ground is not maintainable and the instant anticipatory bail application should be dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. This is third anticipatory bail application. The first anticipatory bail application of the applicant has been dismissed by Hon'ble Pradeep Kumar Srivastava,J. vide order dated 16.7.2021 and as His Lordship has demitted the Office and this Court is dealing with such matters, therefore, the third anticipatory bail application has been placed before this Bench. 9. Further, second anticipatory bail application has been dismissed as withdrawn. 10. On repeated query made by this Court, learned counsel for the applicant could not place any fresh ground to release the applicant on anticipatory bail. 11. Further, however, learned counsel for the applicant admitted that charge sheet in the matter has been submitted but he is not even aware whether any coercive steps has been taken against the applicant or not. 12. Further, present matter is of the year 2006 and from the entire anticipatory bail application it could not be reflected that whether applicant is having any apprehension of arrest or not. 13. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on anticipatory bail. 14. Accordingly, the instant anticipatory bail application stands NABAIL No. 8045 of 2025 2 dismissed. October 6, 2025 SKM NABAIL No. 8045 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad