Allowed

Deepak Sharma v. State of U.P. Thru. Prin Secy. Home Lko. and Another

Allahabad HC19 Apr 2024BAILC/37/2024

Case brief

AI extract

What is this about?

The High Court cancelled anticipatory bail granted to an accused (Opposite Party no. 2) for not appearing in person before the trial court on multiple dates and for delaying tactics, directing his immediate surrender.

What did the court decide?

Order dated 18.11.2022 granting anticipatory bail to opposite party no. 2 is cancelled; accused directed to surrender before trial Court forthwith.

Deepak Sharma vs State of U.P. Thru. Prin Secy. Home Lko… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45813

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 37 of 2024

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Applicant :- Deepak Sharma Opposite Party :- State Of U.P. Thru. Prin Secy. Home Lko. And Another Counsel for Applicant :- Digvijay Nath Dubey,Jaya Pandey Counsel for Opposite Party :- G.A.,Chandan Srivastava,Pranshu Agrawal

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Hon'ble Sanjay Kumar Singh,J.

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Heard Mr. Digvijay Nath Dubey, learned counsel for the applicant, Mr. Virendra, learned A.G.A. representing the State and Mr. Chandan Srivastava, learned counsel for opposite party no. 2 through video conferencing.

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The instant application has been moved by the applicant - Deepak Sharma with a prayer to cancel the anticipatory bail granted vide order of this Court dated 18.11.2022 to opposite party no. 2- Navneet Bhadauria mainly on the ground of violation of condition no.1 of anticipatory bail order dated 18.11.2022, which reads as under :

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"(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court on each dates unless inevitable.

(ii) xxxx

(iii) xxxx

(iv) xxxx"

The only submission of Mr. Digvijay Nath Dubey, learned counsel for the applicant is that opposite party no. 2 is not cooperating with expeditious disposal of trial. Referring the order-sheet of the trial Court, he submits that on 16.06.2023, 28.06.2023, 27.07.2023, 10.08.2023, 21.08.2023, 17.11.2023, 18.01.2024 and 29.01.2024, opposite party no. 2 did not personally appear before the trial Court and moved exemption applications through his counsel in a casual manner.

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On the other hand, learned counsel for opposite party no. 2 does not dispute the said fact of moving exemption applications, however, he submits that opposite party no. 2 was appearing before the trial Court on the aforesaid dates through his counsel, therefore, it cannot be said that he is not cooperating with expeditious disposal of trial.

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Having heard submission of learned counsel for the parties and perusing the record, I find that it is not in dispute that on several dates as noted above, opposite party no. 2 did not appear in person and moved applications through his counsel for exemption of his appearance. Record also shows that case is running at a slow pace on account of delaying tactics adopted by accused persons by adopting different modus operandi. Opposite party no. 2 despite granting time vide order dated 17.05.2024 did not file counter affidavit. This Court is also of the view that despite granting anticipatory bail to opposite party no. 2, his non-appearance in person before the trial Court and frequently moving exemption applications on the dates fixed amount to his non-cooperation with the expeditious disposal of the trial.

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In view of the above, order dated 18.11.2022 granting anticipatory bail to opposite party no. 2-Navneet Bhadauria is hereby cancelled. Opposite party no. 2 is directed to surrender before the trial Court forthwith.

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Accordingly, instant anticipatory bail cancellation application succeeds and is allowed .

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This order be communicated to the concerned trial Court for information.

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Order Date :- 5.7.2024 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench

Deepak Sharma v. State of U.P. Thru. Prin Secy. Home Lko. and Another

Case brief

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Deepak Sharma v. State of U.P. Thru. Prin Secy. Home Lko. and Another

Case brief

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