Disposed¶6

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

Allahabad HC20 Jan 2025ABAIL/35/2025

Case brief

AI extract

What is this about?

Anticipatory bail application; Section 438 Cr.P.C.; Ghanshyam v. State of U.P.; mediation referral deferred owing to absence of counsel; learned AGA alone present; interim order continued till next hearing; listing fixed for week commencing 15.09.2025; regular cause list; Allahabad High Court Lucknow Bench, Court No. 13; Subhash Vidyarthi, J.; order dated 27.08.2025; procedural order, no merits adjudicated.

What did the court decide?

No substantive relief granted; the anticipatory bail application was deferred — referral to mediation withheld for non-appearance of counsel, case listed for the week commencing 15.09.2025, and any interim order continued in force till the next date of listing. ¶6

Ghanshyam vs State of U.P. Thru. Prin. Secy. Home Lko… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether the case, placed under the heading for referral to the Special Mediation Drive ('Mediation for the Nation'), could be referred for mediation at this stage given the absence of counsel for the parties.

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Court's answer

In the absence of the learned counsel for the parties, the matter cannot be referred for mediation.

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Ratio / Principle

The case shall be listed in the week commencing 15.09.2025 in the regular cause list.

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Key takeaways

Any interim order shall continue to remain in force till the next date of listing.ratio¶6
If nobody is present even on the next date to press the application, the Court will proceed to pass appropriate orders with the assistance of the learned A.G.A.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 13 — Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 35 of 2025 (Ghanshyam v. State of U.P. Thru. Prin. Secy. Home Lko and another). The case had been listed under the heading 'FOR REFERRAL TO THE SPECIAL MEDIATION DRIVE - MEDIATION FOR THE NATION.' On 27.08.2025, as neither counsel for the applicant nor counsel for the complainant was present (only learned AGA Shri Ashok Kumar Srivastava being present), Hon'ble Subhash Vidyarthi, J. held that the matter could not be referred for mediation; directed that the case be listed in the week commencing 15.09.2025 in the regular cause list; ordered that any interim order shall continue in force till the next date of listing; and cautioned that if nobody appears even on the next date to press the application, the Court will pass appropriate orders with the assistance of the learned A.G.A. Purely procedural/administrative order — the merits of the anticipatory bail application were not examined and no precedent was cited.

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

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