Disposed¶13

Jagdambika Prasad Pandey v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC28 Apr 2025ABAIL/454/2025

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 Cr.P.C. refused where non-bailable warrant and process under Section 82 Cr.P.C. had been issued against the applicant in a 1997 Gonda case (Case Crime No. 05 of 1997, Sections 419, 420, 467, 468 IPC, P.S. Mankapur) concerning an alleged fabricated sale deed; liberty granted to seek regular bail; application disposed of. High Court of Judicature at Allahabad, Lucknow Bench; Manish Mathur, J.; Order Date 21.5.2025; Neutral Citation 2025:AHC-LKO:30252.

What did the court decide?

Anticipatory bail refused; liberty granted to the applicant to apply for regular bail before the Court concerned. ¶13

Jagdambika Prasad Pandey vs State of U.P. Thru. Secy… — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:30252

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 454 of 2025

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Applicant :- Jagdambika Prasad Pandey Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with.

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This first anticipatory bail application has been filed with regard to Case Crime No. 05 of 1997 under Sections 419, 420, 467, 468 IPC, Police Station Mankapur, District Gonda.

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As per contents of First Information Report, allegation levelled is of execution of fabricated sale deed with regard to property which belonged to the informant.

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Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him and had earlier filed Writ Petition No. 263 (M.B.) of 1997 in which he was granted stay from arrest vide order dated 21.01.1997. It is submitted that in view thereof, proceedings of trial were remained suspended and have subsequently recommenced in the year 2024 only but due to the aspect of earlier protection granted to applicant, he was unaware of any process having been issued against him leading to issuance of non-bailable warrant and process under Section 82 Cr.P.C.

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Learned AGA on the basis of instructions submits that applicant has not disclosed the aspect when the writ petition was dismissed but has not co-operated in trial leading to issuance of non-bailable warrant and process under Section 82 Cr.P.C. since he is not co-operating in trial.

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Upon consideration of submissions advanced by learned counsel for parties, it being evident that non-bailable warrant as well as process under Section 82 Cr.P.C. having been issued against applicant, this Court does not find any occasion to grant

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indulgence regarding anticipatory bail. Liberty, however, is granted to applicant to apply for regular bail before the Court concerned.

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With aforesaid directions, application stands disposed of.

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Order Date :- 21.5.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Jagdambika Prasad Pandey v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Jagdambika Prasad Pandey v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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