Dismissed¶5

Chirag Khurana v. State of U.P. and Another

Allahabad HC27 Apr 2025ABAIL/3802/2024

Case brief

AI extract

What is this about?

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 3802 of 2024, applicant Chirag Khurana vs State of U.P. and Another, decided by Hon'ble Samit Gopal, J. Application dismissed in non-prosecution due to absence of representation by applicant's counsel despite mention and second call; interim order vacated; pending applications disposed of. Offence: Case Crime No. 163 of 2023, Sections 338, 304, 34 I.P.C., Police Station Sadar Bazar, District Meerut.

What did the court decide?

Since there is no representation on behalf of the applicant even in the revised list taken up on mention, this anticipatory bail application is dismissed in non-prosecution. ¶5

Chirag Khurana Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Court No. - 64

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3802 of 2024

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Applicant :- Chirag Khurana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharam Raj Tripathi,Pankaj Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Although the present matter was mentioned in the morning for being taken by Sri Pankaj Tripathi, learned counsel for the applicant but even in the second call of mention no one appears on behalf of the applicant to press the present anticipatory bail application. Sri Ajay Singh, learned A.G.A.-I for the State is present.

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Records show that previously on 05.7.2024 there was no representation on behalf of the applicant and the following order was passed:

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"1. List revised. No one appears on behalf of the applicant to press this anticipatory bail application despite the fact that there are two learned counsels on behalf of the applicant. Sri Ajay Singh, learned counsel for the State is present.

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2. Learned counsel for the State states that he has filed counter affidavit which is on record and submits that the investigation in the matter has concluded and charge sheet has been submitted against the applicant, para 8 and annexure no.C.A-2 of the same has been placed before the Court.

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3. Since there is no representation on behalf of the applicant, the matter is adjourned for today.

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4. Let the matter be listed on 26.07.2024 along with connected matter."

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This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant-Chirag Khurana, seeking anticipatory bail, in the event of arrest in Case Crime No. 163 of 2023, under Sections 338, 304, 34 I.P.C. Police Station- Sadar Bazar, District

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Meerut during pendency of trial.

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Since there is no representation on behalf of the applicant even in the revised list taken up on mention, this anticipatory bail application is dismissed in non-prosecution.

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