Allahabad High Court

ASHUTOSH AND 2 OTHERSversusState of U.P. AND ANOTHER

Decided: 18 February 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court allowed the two‑week extension for filing the counter‑affidavit and continued the interim protection until the next listing.

Summary

The applicants, Ashutosh and two others, filed an anticipatory bail application under Section 438 of the Criminal Procedure Code before the Allahabad High Court. The State of Uttar Pradesh opposed the application. The learned Additional Government Advocate sought a two‑week extension to file a counter‑affidavit. The court, having earlier granted interim protection, considered whether to continue that protection and allow the requested extension. Noting the procedural requirement for a counter‑affidavit and the balance of convenience, the court permitted the extension and ordered that the interim protection remain in force until the next listing. The order was dated 18 July 2022 and signed by Justice Yogendra Kumar Srivastava.

Issues considered

Whether the court should grant a further two‑week period to the State to file a counter‑affidavit in the anticipatory bail application
Whether the interim protection previously granted should continue pending the next hearing

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 438
interim protection
time extension
Criminal Procedure Code

Judgment

                                        Court No. - 74

                                        Case :- CRIMINAL MISC ANTICIPATORY BAIL
                                        APPLICATION U/S 438 CR.P.C. No. - 128 of 2022

                                        Applicant :- Ashutosh And 2 Others
                                        Opposite Party :- State of U.P. and Another
                                        Counsel for Applicant :- Ajay Sengar
                                        Counsel for Opposite Party :- G.A.

                                        Hon'ble Dr. Yogendra Kumar Srivastava,J.

                                        Learned AGA prays for two weeks further time to file counter
                                        affidavit.

                                        As prayed, list on 01.08.2022.

                                        Interim protection, granted earlier, to continue till the next date
                                        of listing.

                                        Order Date :- 18.7.2022
                                        Imroz

                                                                                 (Dr. Y. K. Srivastava, J.)




Digitally signed by MOHAMMAD
IMROZ KHAN
Date: 2022.07.19 09:55:47 IST
Reason:
Location: High Court of Judicature at
Allahabad

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