Anticipatory bail application was rejected under Section 438 Cr.P.C. as the applicant approached the High Court directly without seeking bail below, due to pending writ challenging his degree.
Application under Section 438 Cr.P.C. rejected; no interim protection granted.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4999 of 2021
Applicant :- Deepak Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
The instant application invoking the powers of Section 438 Cr.P.C., is being filed by the applicant seeking anticipatory bail in Case Crime No.26 of 2021 under sections 419, 420 and 406 of IPC, Police Station-Kotwali, District-Deoria.
From the record, it is evident that the applicant has approached this Court straight way without getting his anticipatory bail rejected from the court below.
This is the case where Gorakhpur University while its letter dated 03.07.2020 has intimated that B.ed. degree in the year 1995 having roll no.5550 belongs to one Dilip Kumar Pandey s/o Udaybhan Pandey.
Under the circumstances, the degree of B.ed. of the applicant comes within the cloud of doubt. The writ petition is still pending in which no interim protection has been given by the Court.
Hence, I am not inclined to exercise my discretionary power in favour of the applicant.
Accordingly, the anticipatory bail application of the applicant stands rejected.
Order Date :- 15.7.2021 Sumit S
3 issues framed by the court
Whether anticipatory bail can be granted when the degree is subject to a pending writ petition.
Whether the court can reject anticipatory bail if the applicant did not approach the lower court first.
Whether the uncertainty regarding the applicant's degreejustifies rejection of anticipatory bail application.
Deepak Kumar Mishra
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
