Dismissed¶¶13

Piyush Panday v. State of Up

Allahabad HC21 May 2025ABAIL/3385/2024

Case brief

AI extract

What is this about?

Allahabad High Court; anticipatory bail; S. 438 Cr.P.C.; CRL Misc ABA 3385 of 2024; rejected/dismissed; Piyush Panday; State of U.P.; Case Crime no. 13 of 2024; Sections 498-A, 323, 504, 506, 376 IPC; Police Station Sikriganj, District Gorakhpur; charge sheet filed; interim protection order 22.04.2024 vacated; Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694; Dr. Gautam Chowdhary, J.; order date 22.5.2025.

What did the court decide?

Considering the settled principle of law regarding anticipatory bail, the submissions of the learned counsel for the parties, the nature of accusation, the role of the applicant and all attending facts and circumstances of the case, and without expressing any opinion on the merit of the case, the Court held that no case for anticipatory bail is made out. ¶¶12

Piyush Panday Vs State of Up — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:86971

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Court No. - 86

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3385 of 2024

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Applicant :- Piyush Panday Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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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. 13 of 2024, under Section 498-A, 323, 504, 506, 376 I.P.C., Police Station Sikriganj, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on anticipatory bail.

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It has been argued by the learned counsel for the applicant that vide order dated 22.04.2024 the applicant was granted interim protection till the submission of police report. The applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents. The charge sheet has been filed. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail and argued that since charge sheet has been filed, therefore, applicant does not deserve any indulgence, at this stage.

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

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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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Interim order, if any, stands vacated.

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Order Date :- 22.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Piyush Panday v. State of Up

Case brief

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Piyush Panday v. State of Up

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