The court rejected an anticipatory bail application filed straightway under Section 438 Cr.P.C. as no special grounds existed to bypass the Full Bench order requiring initial filing before the Court of Session Judge.
rejection of application to file anticipatory bail straightway; applicant directed 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. - 18445 of 2021
Applicant :- Rajbir Sing Goyat Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Singhal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
It is an application moved, under Section 438 Cr.P.C., by applicant Rajbir Sing Goyat, for grant of anticipatory bail, filed straightway before this Court. In view of judgment, passed by the 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.
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 :- 9.12.2021 Deepak/
1 issue framed by the court
Whether an anticipatory bail application under Section 438 Cr.P.C. should be entertained straightway absent special grounds after a Full Bench order.
Colour shows how this judgement treated each authority
Ankit Bharti Vs. State of U.P. and anotherReferred¶5
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
Rajbir Sing Goyat
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
