Court rejected anticipatory bail application filed straightway without citing special grounds required under State Full Bench precedent. Applicant directed to approach Sessions Court.
Reject anticipatory bail application and direct applicant to move Court of Session Judge.
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Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13193 of 2021
Applicant :- Rajkumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Awadesh Tiwari,Gunjan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application moved under Section 438 of Cr.P.C., by applicant Rajkumar Yadav, in Case Crime No. 232 of 2019, under Sections-379, 411 I.P.C. Police StationKotwali Mau, District-Mau.
Learned A.G.A. vehemently oppose straight way moving of this application, before this Court. As per the judgement of Full Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another) , some special reason is to be placed before the Court for straightway entertaining application under Section 438 Cr.P.C.
Learned counsel for the applicant admitted that there is no reason for moving this application straight way before this Court, rather it was moved before four months back.
Having heard learned counsel for both sides and gone through the material placed on record, there appears to be no special ground for entertaining this anticipatory bail application straightway by this Court.
Under above facts and circumstances as well as law laid down by Full Bench, cited as above, this application is rejected.
However, applicant may move application before the Court of Session Judge.
Order Date :- 3.12.2021
Deepak/
1 issue framed by the court
Whether anticipatory bail application ought to be entertained straightway without special grounds under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Ankit Bharti Vs. State of U.P. and anotherDistinguished¶6
Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another)
1 provisions across 1 enactments
Rajkumar Yadav
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
