Afsar Ali @ Ashraf v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2738 of 2023 Applicant :- Afsar Ali @ Ashraf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned AGA for the State. This is the third anticipatory bail application. Prior to this, two applications under Section 438 Cr.P.C. were filed by the applicant before this Court. The first bail application was dismissed for want of prosecution and the second was dismissed as not pressed with a liberty to file a regular bail application which was directed to be decided in view of the law laid down by the Supreme Court in the case of "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021". Learned counsel for the applicant submits that in compliance of the aforesaid order, he has filed a regular bail application which was dismissed as not pressed. In view of the statement made by the learned counsel for the applicant that his regular bail application has been dismissed as not pressed, there is occasion for this Court to consider the third anticipatory bail application. Accordingly, the third anticipatory bail application is dismissed. Order Date :- 29.11.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench