Allahabad High Court
Luvkesh Dwivedi @ Lokesh vs State Of U.P. on 22 December, 2022
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10791 of 2017
Applicant :- Luvkesh Dwivedi @ Lokesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Sinha,Siddhartha Sinha
Counsel for Opposite Party :- Govt. Advocate,Himanshu Raghav
Hon'ble Dinesh Kumar Singh,J.
1. The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.184 of 2016, under Section 302 IPC, Police Station Gosaiganj, District Lucknow.
2. Despite the case having been remanded back by the Supreme Court, learned counsel for the accused-applicant has chosen not to appear on the previous date of listing of this bail application i.e. 16.12.2022 and today again, learned counsel for the accused-applicant has chosen not to appear despite the case being listed peremptorily today.
3. The matter has been remanded back by the Supreme Court vide order dated 6.12.2022 passed in Criminal Appeal No.2176 of 2022, arising out of Special Leave to Appeal (Cri.) No.1429 of 2019. While remanding the matter back by the Supreme Court, both the orders i.e. granting the bail to the accused-applicant by Hon'ble Anant Kumar J. (since retired) and this Court have been set aside and has requested this Court to decide this bail application expeditiously, preferably, within a period of six weeks and, till the decision in this bail application, interim protection has been granted to the accused-applicant.
4. This Court has perused the said judgement and order passed by the Supreme Court. Unfortunately, it appears that it was conveyed to the Supreme Court that the Hon'ble Judge, who granted bail to the accused-applicant, was still holding the office, but the fact remains that the said Hon'ble Judge had demitted the office and, thereafter, the bail cancellation application was posted before this Court under the order of the Hon'ble Chief Justice. The wrong facts were conveyed to the Supreme Court, which are reflected in third paragraph of the said judgement and order, which would read as under:-
"It is true that the bail granted by the Co-ordinate Bench may not have been cancelled by another Bench. However, at the same time, considering the fact that when earlier bail was granted, the informant was not heard though objections were submitted by him and even the matter was not listed on the Board, we set aside the 2 impugned judgment and order passed by the High Court as well the first order dated 22.10.2018 releasing the appellant on bail in Case Crime No.184 of 2016 and remand the matter to the High Court to decide and dispose of the Bail Application No.10791/2017 which is ordered to be restored to the file of the High Court. We request the High Court to finally decide and dispose of the aforesaid bail application(s) afresh in accordance with law and on its own merits and without in any way being influenced by any of the observations made earlier while passing the order in Bail Application No.1079/2017 as well as Bail Application No.9685 of 2018, expeditiously and within a period of six weeks from today. Till then, by way of interim arrangement, the interim protection granted by this Court vide order dated 01.02.2019 is hereby ordered to be continued.?
5. Learned counsel for the accused-applicant has chosen not appear before this Court despite the case being listed twice and the accused-applicant is enjoying the interim protection granted by the Supreme Court, this Court has no option to proceed with the case and decide the bail application with the assistance of learned AGA.
6. This Court has already recorded the facts and circumstances of the case in detail while allowing the bail cancellation application filed by the complainant bearing No.9685 of 2018 vide order dated 10.1.2019.
7. In view thereof, I do not find any ground to enlarge the accused-applicant on bail.
8. Bail application is accordingly rejected.
9. The accused-applicant shall be arrested and send to jail forthwith and the Deputy Commissioner of Police (South), Police Commissionrate, Lucknow shall submit a report in this regard before this Court by way of an affidavit.
10. List this bail application on 4.1.2023 only for the purposes of perusing the report regarding arrest of the accused-applicant.
11. Let a copy of this order be forwarded to the Deputy Commissioner of Police (South), Police Commissionrate, Lucknow for necessary compliance.
12. Learned AGA shall also communicate this order to the Deputy Commissioner of Police (South), Police Commissionrate, Lucknow for necessary compliance.
Order Date :- 22.12.2022
Rao/-
