Dismissed¶14

Amit Kumar Pandey v. State of Up and Another

Allahabad HC8 Jul 2025ABAIL/11095/2024

Case brief

AI extract

What is this about?

anticipatory bail; Section 438 Cr.P.C.; bail rejected; Amit Kumar Pandey; Case Crime No. 80 of 2024; Sections 419, 420, 467, 468, 471 I.P.C.; Police Station Chiluwatal; District Gorakhpur; charge sheet; no criminal antecedents; co-operation undertaking; A.G.A. opposed; Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694; High Court of Judicature at Allahabad; Court No. 70; Order Date 9.7.2025; Neutral Citation 2025:AHC:109724.

What did the court decide?

Considering the settled principle of law regarding anticipatory bail, the submissions of learned counsel for the parties, the nature of accusation, the role of the applicant and all attending facts and circumstances, and without expressing any opinion on the merits of the case, no case for anticipatory bail is made out. ¶13

Amit Kumar Pandey Vs State of Up and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:109724

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11095 of 2024

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Applicant :- Amit Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Supplementary affidavit on behalf of the applicant filed today in the Court is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 80 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Chiluwatal, District Gorakhpur with the prayer that in the event of arrest, applicant may be released on bail.

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Learned counsel for the applicant submits that the applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against him, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against him. He further submits that the applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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Learned A.G.A.opposed the anticipatory bail and argued that credible evidence has been collected during the investigation, which has culminated in submission of charge sheet.

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In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by the Hon'ble Supreme Court that while deciding anticipatory bail, Court must

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consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.

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The anticipatory bail application is rejected.

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Order Date :- 9.7.2025 AS

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

Amit Kumar Pandey v. State of Up and Another

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Amit Kumar Pandey v. State of Up and Another

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