Pawan Agarwal vs State Of U.P.
2023 Latest Caselaw 18796 ALL

Citation : 2023 Latest Caselaw 18796 ALL
Judgement Date : 24 July, 2023

Allahabad High Court

Pawan Agarwal vs State Of U.P. on 24 July, 2023

Bench: Shekhar Kumar Yadav





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:146403
 
Court No. - 71
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12886 of 2022
 
Applicant :- Pawan Agarwal
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ram Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr. Ram Tiwari, learned counsel for the applicant and learned Additional Government Advocate for the State.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.311 of 2010, under Sections 420, 406, 307, 323, 504 and 506 IPC, Police Station Mugalpura, District Moradabad.

3. Learned counsel for the applicant has submitted that earlier the applicant has approached this Court by filing Application u/s 482 Cr.P.C. No.25975 of 2011 and this Court vide order dated 19.08.2011 has granted interim order in favour of the applicant. He has further submitted that in the meantime the court below has issued warrant against the applicant on the basis of judgment of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. CBI. Thereafter, the applicant has filed application under Section 70 (2) Cr.P.C. before the court below for recall of the warrant, but the same has not been considered by the court below, hence, this anticipatory bail application.

4. On the other hand, learned AGA has raised the preliminary objection regarding maintainability of the present anticipatory bail application and has submitted that earlier the applicant has approached this Court by filing Application u/s 482 Cr.P.C. No.25975 of 2011 and the same is still pending. He has further submitted that instead of pursuing the same, the applicant has filed the present anticipatory bail application, which is not maintainable, hence, the same is liable to be rejected.

5. In view of the aforesaid, the present anticipatory bail application is dismissed as not maintainable.

Order Date :- 24.7.2023/Ajeet