The applicant filed a bail application which was treated as a review of a rejected application. The Court held that once a bail application is rejected by the lower court, the applicant must file a fresh application there; thus, this bail application was dismissed.
Application dismissed; liberty to file a fresh bail application before the court below.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18029 of 2020 Applicant :- Lal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Order on Crl. Misc. Exemption Application
The exemption application is allowed.
Order on Crl. Misc. Bail Application
Heard Sri Ramesh Chandra Upadhyay, learned counsel for the applicant and learned A.G.A. for the State.
The present criminal misc. bail application has been filed by the applicant, Lal Singh , in Case Crime No. 87 of 2020, under Sections- 420, 467, 468, 471, 272 IPC and Section 60, 60A and 72 Excise Act, Police Station- Malpura, District- Agra.
This bail application of the applicant was directly filed before this court in the month of June when the courts at Agra were not functioning. When this bail application was heard by this court on 28.07.2018 the court was of the view that the working in the court below has started and therefore the applicant can move bail application there.
Accordingly, the applicant moved the bail application before the court below which has been rejected by the court below. Counsel for the applicant has submitted that since the bail application of the applicant has been rejected therefore this bail application may be considered afresh.
This court of the view that once the applicant has approached the court below and his bail application has rejected. He is required to file fresh bail application. He cannot be permitted to file the bail rejection order of the court below in this bail application before this court and argue this application. Accordingly this bail application is dismissed with liberty to the applicant to file fresh bail application before this court annexing therewith the rejection order passed by the court below.
The bail application is accordingly rejected .
Order Date :- 1.9.2020 Rohit
2 issues framed by the court
Whether an applicant barred from seeking revision against a bail rejection order by the lower court can file a fresh bail application in this Court.
Whether this court should allow a fresh bail application or direct the filing of a fresh application before the appropriate court.
Lal Singh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
