Dismissed

Ashok Kumar Dixit v. State of U.P. and Another

Allahabad HC26 May 2023ABAIL/13104/2022

Case brief

AI extract

What is this about?

The Court rejected a second anticipatory bail application as not maintainable in light of a prior application dismissed for want of prosecution. However, the applicant was granted a one-month window to surrender and apply for regular bail without arrest.

What did the court decide?

Applicant granted one month to surrender; no arrest during this period if applicant complies.

Ashok Kumar Dixit Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118586

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13104 of 2022

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Applicant :- Ashok Kumar Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitabh Agarwal Counsel for Opposite Party :- G.A.,Santosh Kumar Shukla

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri P. C. Srivastava, learned Additional Advocate General, was called upon by the court for assistance in this case. He has opposed the application and has been assisted by learned AGA on behalf of opposite party no.1. Sri Santosh Kumar Shukla, has appeared on behalf of informant opposite party no.2.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Ashok Kumar Dixit, in Case Crime No.- 228 of 2016, renumbered as Criminal Case No.454 of 2017, under Sections 420, 467, 468, 469, 470, 471, 504, 506 I.P.C, Police Station- Gursarai, District- Jhansi.

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This is second anticipatory bail application of the applicant. Earlier anticipatory was granted to the appellant vide Application No.1182 of 2021, which was dismissed for want of prosecution. Thereafter he challenged the charge-sheet filed against him, before this court by way of application under Section 482 Cr.P.C, which has also been dismissed for want of prosecution.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and alleged offence is not made out against him.

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Learned Additional Advocate General has opposed the prayer for anticipatory bail of the applicant on behalf of State. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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Learned counsel for opposite party no.2 has vehemently oppose the prayer made by learned counsel for applicant.

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After hearing rival contentions this court finds that in view of judgement of this court in the case of Shivam Vs. State of U.P. and another, Criminal Misc. Anticipatory Bail Application No.2110 of 2021., this second anticipatory bail application is not maintainable and it is is accordingly rejected.

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However on the request of learned counsel for the applicant, it is directed that the in case applicant appears and surrenders before the court below within 30 days from today and applying for regular bail, his bail application shall be considered as per judgment and order of Apex Court in the of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021.

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For a period of one month applicant shall not be arrested in the aforesaid case, if not already arrested.

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However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

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It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.

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Order Date :- 26.5.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Ashok Kumar Dixit v. State of U.P. and Another

Case brief

What is this about?

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Ashok Kumar Dixit v. State of U.P. and Another

Case brief

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