Dismissed¶23

Pushpendra Tiwari Alias Prashant Tiwari v. State of U.P. Thru. Its Prin. Secy. Home, Lucknow and Another

Allahabad HC7 Oct 2025ABAIL/81/2024

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 Cr.P.C. rejected as infructuous after completion of investigation: interim anticipatory bail (order dated 1.2.2024) not extended on 01.09.2025; charge-sheet filed and summons issued in FIR No.256 of 2023 (Ss. 376-D, 417, 342, 506 IPC, P.S. Bazarshukul, District Amethi); liberty left to applicant to seek bail; decided by Pankaj Bhatia, J., Allahabad High Court (Lucknow), ABAIL No. 81 of 2024, October 7, 2025.

What did the court decide?

Since the interim relief was granted only during the investigation, and a charge-sheet has since been filed with summons issued to the accused, nothing survives in the anticipatory bail application. ¶22

Pushpendra Tiwari Alias Prashant Tiwari Vs State of U.P… — Anticipatory Bail | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 81 of 2024

¶3

Pushpendra Tiwari Alias Prashant Tiwari

¶4

.....Applicant(s)

¶5

Versus

¶6

State Of U.P. Thru. Its Prin. Secy. And Another	Home,	Lucknow .....Opposite Party(s)
Counsel for Applicant(s) :	Manoj Tiwari	Kumar Mishra, Smt. Usha
Counsel for Opposite Party(s) :	G.A., A	njani Kumar Dvivedi

¶7

Court No. - 12

¶8

HON'BLE PANKAJ BHATIA, J.

¶9

1 . Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

¶10

2 . The present application has been filed under Section 438 of Cr.P.C. seeking anticipatory bail apprehending arrest in FIR No.256 of 2023, under Sections 376-D, 417, 342, 506 IPC, Police Station Bazarshukul, District Amethi.

¶11

3 . This Court vide order dated 01.09.2025 passed the following order:

¶12

"1. Case called out. None appears for the applicant.

¶13

2. Learned AGA for the State is present.

¶14

3. The interim anticipatory bail granted to the applicant vide order dated 1.2.2024 is not extended.

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4. Learned court below is directed to proceed against the applicant as per law.

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5. List this case on 7.10.2025.

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6. Office is directed to communicate this order to the concerned District Judge and submit a report by the next date

ABAIL No. 81 of 2024

of listing."

4 . In terms of the abovesaid orders, a report has been furnished to the effect that a charge-sheet has been filed and summons have been issued to the accused.

¶22

5 . As the interim relief was granted only during the investigation, nothing survives in the matter. It is left open to the applicant to take such steps as may be available to protect his right including the right to seek bail.

¶23

6 . The anticipatory bail application is rejected .

¶24

(Pankaj Bhatia,J.)

¶25

October 7, 2025

¶26

akverma

¶27

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Pushpendra Tiwari Alias Prashant Tiwari v. State of U.P. Thru. Its Prin. Secy. Home, Lucknow and Another

Case brief

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Pushpendra Tiwari Alias Prashant Tiwari v. State of U.P. Thru. Its Prin. Secy. Home, Lucknow and Another

Case brief

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What did the court decide?

What the court decided

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