Dismissed¶19

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

Allahabad HC20 Jan 2026ABAIL/18/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; second anticipatory bail application; Dayanand Sharma; State of U.P.; Case Crime No. 137 of 2012; Sections 419, 420, 467, 468, 471 IPC; Police Station Kotwali Nagar, District Gonda; discharge application rejected 04.11.2024; cognizance 13.03.2023; Sections 82 and 83 Cr.P.C. proceedings; absconding accused; Prem Shankar Prasad v. State of Bihar, AIR 2021 SC 5125; Allahabad High Court Lucknow Bench; Karunesh Singh Pawar, J.; bail dismissed.

What did the court decide?

In view of the law laid down by the Hon'ble Supreme Court in Prem Shankar Prasad v. State of Bihar and Others, the applicant is not entitled to the relief of anticipatory bail. ¶18

Dayanand Sharma vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18 of 2026

Dayanand Sharma

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Another	Home	Lko. And .....Opposite Party(s)
Counsel for Applicant(s)	:	Sikandar Yadav, Ajahar Husain
Counsel for Opposite Party(s)	:	G.A.

¶7

Court No. - 15

¶8

HON'BLE KARUNESH SINGH PAWAR, J.

¶9

This is the second anticipatory bail application seeking anticipatory bail in Case Crime No. 137 of 2012, under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali Nagar, District Gonda. The first anticipatory bail application preferred by the applicant was rejected by this Court vide order dated 30.10.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1195 of 2025.

¶10

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶11

Learned counsel for the applicant submits that at the time of hearing of the first anticipatory bail application, he could not, due to inadvertence, bring to the notice of the Court the fact that the applicant had already filed a discharge application, which came to be rejected. It is on this premise that the present, second anticipatory bail application has been filed.

¶12

Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him.

¶13

Learned AGA has opposed the bail application.

Perused the record.

ABAIL No. 18 of 2026

A perusal of the record reveals that the discharge application filed by the applicant was rejected on 04.11.2024. The FIR in Case Crime No. 137 of 2012 was registered for offences under Sections 419, 420, 467, 468 and 471 IPC. The charge-sheet in the matter was submitted, pursuant to which cognizance was taken by the competent court on 13.03.2023 and the applicant was summoned. Thereafter, bailable and non-bailable warrants were issued against the applicant and proceedings under Sections 82 and 83 Cr.P.C. were also initiated. The trial has remained held up due to the persistent non-cooperation of the applicant, who has been absconding for the last ten years.]

¶18

In view of the law laid down by the Hon’ble Supreme Court in Prem Shankar Prasad v. State of Bihar and Others, AIR 2021 SC 5125, the applicant is not entitled to the relief of anticipatory bail.

¶19

Accordingly, the second anticipatory bail application is dismissed .

¶20

(Karunesh Singh Pawar,J.)

¶21

January 20, 2026 R.C.

¶22

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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What did the court decide?

What the court decided

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