Akeel v. State of U.P. and Another
Case brief
What is this about?
The court rejected a direct anticipatory bail application due to the absence of preliminary objection clearance and reasons justifying bypassing the lower trial court.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6680 of 2021
Applicant :- Akeel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
- Heard learned counsel for the applicant and learned A.G.A. for the State through video conference.
- Present anticipatory bail application has been filed on behalf of the applicant - Akeel seeking anticipatory bail in Case Crime No. 102 of 2019, under Section - 354 I.P.C., Section 3(2)(5A) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989, and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station - Lodha, District - Aligarh , during pendency of trial.
- At the outset, a preliminary objection has been raised by the learned AGA that the present anticipatory bail application has been filed directly before this Court without disclosing any reason, fact or special circumstance to justify its entertainment without the applicant having first filed an application before the learned court below.
- In absence of such reasons, it is difficult to entertain the present application. Accordingly, the present application is rejected , leaving it open to the applicant to apply for anticipatory bail before the learned court below, which application, when filed, may be heard on it's own merit without being influenced by any observation made in this order.
Issues for consideration
1 issue framed by the court
Whether to entertain a direct anticipatory bail application without filing one at the trial court.
Parties & counsel
- applicant
Akeel
- respondent
State of U.P.
Coram
Saumitra Dayal Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/6680/2021
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