Ajay Gupta Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

Ajay Gupta Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to withdraw and to file a fresh anticipatory bail application with better particulars after prior service of notice upon learned A.G.A. for the State and learned counsel for the complainant; the fresh application to be decided on its merits unaffected by this order.

Issue for consideration

Whether the anticipatory bail order dated 09.11.2022 passed in Anticipatory Bail Application No. 1856 of 2022 (arising out of Case Crime No. 460 of 2022) could be extended in the present application, given that charge-sheet has since been submitted against the applicant.

Court's answer

The anticipatory bail application is dismissed as withdrawn, with liberty to the applicant to file a fresh anticipatory bail application after prior service of notice upon learned A.G.A. for the State and learned counsel for the complainant.

Ratio / Principle

If a fresh anticipatory bail application is moved by the applicant, the present order will not come in the way of deciding that fresh application on its merit.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Sanjay Kumar Singh, J.) — Anticipatory bail application under Section 438 Cr.P.C. (No. 2548 of 2024) by Ajay Gupta seeking extension of the anticipatory bail order dated 09.11.2022 passed in Anticipatory Bail Application No. 1856 of 2022 arising out of Case Crime No. 460 of 2022 under Sections 406, 420, 467, 468, 471, 506 and 120-B IPC, police station Gomti Nagar, district Lucknow. The State and the complainant objected that the earlier application had already been decided on 09.11.2022 and could not be extended. Counsel for the applicant, noting that charge-sheet had been submitted, sought leave to withdraw with liberty to file a fresh application with better particulars, to which no objection was raised. Held: application dismissed as withdrawn with liberty to file a fresh anticipatory bail application after prior service of notice upon the A.G.A. and complainant's counsel; any such fresh application to be decided on its merits without impediment from this order. Order dated 20.1.2025. Neutral Citation: 2025:AHC-LKO:3506.

Neutral Citation No. - 2025:AHC-LKO:3506

Court No. - 31

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2548 of 2024

Applicant :- Ajay Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava,Varun Kumar Gupta

Counsel for Opposite Party :- G.A.,Kartikeya Yadav,Prateek Agrawal,Sunil Kumar Singh

Hon'ble Sanjay Kumar Singh,J.

The matter is taken up through video conferencing from Allahabad.

Heard learned counsel for the applicant, learned A.G.A. representing the State and learned counsel for the complainant.

The instant anticipatory bail application under Section 438 Cr.P.C. has been preferred by the applicant seeking extension of anticipatory bail order dated 09.11.2022 passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1856 of 2022 arising out of Case Crime No. 460 of 2022, under Sections 406, 420, 467, 468, 471, 506, 120-B IPC, police station Gomti Nagar, district Lucknow.

During the course of arguments, learned A.G.A. representing the State as well as learned counsel for the complainant raised an objection that Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1856 of 2022 has already been decided vide order dated 09.11.2022, therefore, there is no question of extension of the said order dated 09.11.2022.

In response, learned counsel for the applicant submits that the applicant was granted anticipatory bail till submission of police report under Section 173(2) Cr.P.C. Since charge-sheet has been submitted against the applicant, therefore, the applicant may be allowed to withdraw this

anticipatory bail application with liberty to file fresh anticipatory bail application with better particulars and prayer.

Learned A.G.A. and learned counsel for the complainant do not have objection to such prayer of learned counsel for the applicant.

In view of the above, instant anticipatory bail application is dismissed as withdrawn with liberty to file a fresh anticipatory bail application after prior service of notice upon learned A.G.A. for the State and learned counsel for the complainant.

It is made clear that in case fresh anticipatory bail application is moved by the applicant, this order will not come in the way of deciding the same on its merit.

Order Date :- 20.1.2025 Shubham

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