Dismissed¶13

Vijay Singh Yadav v. State of U.P. and Another

Allahabad HC15 Jan 2025NABAIL/12060/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Section 7 Prevention of Corruption Act 1988; Case Crime No. 662 of 2024; P.S. Bansgaon, District Gorakhpur; concealment of facts; clean hands; withdrawal of application; prior Criminal Misc. Writ Petition No. 21994 of 2024; Division Bench order dated 03.12.2024 refusing quashing of FIR; Bhaskar Laxman Jadhav (2013) 11 SCC 531; Kusha Duruka 2024 SCC OnLine SC 56; Allahabad High Court; Samit Gopal, J.; dismissed as withdrawn; Neutral Citation 2025:AHC:7336.

What did the court decide?

The present anticipatory bail application is dismissed as withdrawn, at the request of learned counsel for the applicant, before the Court adjudicated the concealment objection. ¶13

Vijay Singh Yadav Vs State of U.P. and Another — Corruption | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:7336

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Court No. - 78

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12060 of 2024

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Applicant :- Vijay Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajjan Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Rajjan Singh Yadav, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the record.

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The present anticipatory bail application under Section 482 BNSS has been filed by the applicant- Vijay Singh Yadav with the following prayers:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to enlarge the applicants on anticipatory bail in Case Crime No. 662 of 2024, Under Section 7, Prevention of Corruption Act 1988, Police Station Bansgaon, DistrictGorakhpur, during the trial of the case, otherwise the applicant will suffer irreparable loss and injury, and/or may pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

¶10

At the very outset, it is pointed out by learned counsel for the State that the applicant had filed a Criminal Miscellaneous Writ Petition No. 21994 of 2024 (Vijay Singh Yadav vs. State of U.P. and 2 others) in which Division Bench of this Court vide order dated 03.12.2024 refused the prayer for quashing of the F.I.R. with an exception that if the petitioner therein files an application for bail before the trial court, his bail application be considered and disposed of as expeditiously as possible in accordance with law, copy of the said order has been produced before the Court which is taken on record. It is submitted by learned counsel for the State that there is no disclosure of the said fact in the present petition and even the order passed in the said writ petition has not been enclosed and annexed with the present petition which has to be

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treated as concealment of relevant and important fact. It is submitted that looking to the said conduct of the applicant, the present anticipatory bail application be dismissed as the same is filed by concealment of relevant and vital facts and the applicant has not approached the Court with clean hands. Learned State counsel has relied upon the judgements of the Apex Court in the cases of Bhaskar Laxman Jadhav & Ors vs Karamveer Kakasaheb Wagh : (2013) 11 SCC 531 and Kusha Duruka vs. State of Odisha : 2024 SCC OnLine SC 56.

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While this Court was proceeding to consider the said aspect of the matter, learned counsel for the applicant submits that the present anticipatory bail application be dismissed as withdrawn.

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Accordingly, the present anticipatory bail application is dismissed as withdrawn.

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(Samit Gopal,J.)

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Order Date :- 16.1.2025 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Vijay Singh Yadav v. State of U.P. and Another

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Vijay Singh Yadav v. State of U.P. and Another

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