Disposed

Pankaj Soni v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC9 Sept 2024/2077/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) disposed of an anticipatory bail application. It held that the applicant has a statutory remedy to file a second bail application before the trial court. The High Court allowed a change-of-jurisdiction course while directing the trial court to consider the applicant's application for second bail within two weeks.

What did the court decide?

Liberty to file a second anticipatory bail application before the trial court; no coercive proceedings to be taken.

Pankaj Soni Vs State of U.P. Thru. Prin. Secy. Home U.P… — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61859

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Court No. - 17

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2077 of 2024 Applicant :- Pankaj Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Amrit Kumar Tiwari,Ravi Prakash Nigam Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 05 of 2023 under Sections 504, 506, 376, 323 I.P.C., Police Station- Bazar Khala, District- Lucknow.

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Sri Piyush Kumar Singh, learned A.G.A. raises preliminary objection and submits that first anticipatory bail was granted to the applicant with the observation that the same will be available to the applicant till filing of police report, thereafter, the police report has already been submitted, hence, the applicant is having statutory remedy to file second anticipatory bail application before the trial Court. He also submits that the present anticipatory bail application is not maintainable.

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Learned counsel for the applicant submits that second anticipatory bail application is maintainable at the change of circumstances. However, he does not dispute the fact that at the change of circumstances, the applicant is having remedy to file second anticipatory bail application before the trial Court.

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Considering the submissions of learned counsel for the parties, the instant anticipatory bail application is disposed of with liberty to file appropriate second anticipatory bail application before the trial Court.

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However, it is open to the applicant that in case he applies for second anticipatory bail within two weeks from today, same shall be considered and decided by the Court below in accordance with law, till then no coercive proceeding be taken against the applicant.

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Order Date :- 9.9.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Pankaj Soni v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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What did the court decide?

Pankaj Soni v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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