Mohd. Imran v. State of U.P. and Another
Case brief
What is this about?
The Court rejected a fledgling anticipatory bail application filed straightway under Section 438 Cr.P.C. relying on a Full Bench judgment requiring special reasons for such direct filing. The applicant was directed to approach the Court of Session Judge.
What did the court decide?
rejects the application for anticipatory bail filed straightway; directs the applicant to move the Court of Session Judge.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7040 of 2021
Applicant :- Mohd. Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi,Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
It is an application moved by applicant- Mohd. Imran, under Section 438 Cr.P.C., for grant of anticipatory bail, filed straightway before this Court.
Learned A.G.A. has vehemently opposed with straightway moved anticipatory bail application with this contention that 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.
Issues for consideration
2 issues framed by the court
Whether this anticipatory bail application under Section 438 Cr.P.C. could be entertained straightway without special grounds?
Whether an applicant seeking anticipatory bail needs to move the Court of Session Judge instead of filing straightway before the Magistrate?
Parties & counsel
- applicant
Mohd. Imran
- respondent
State of U.P.
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- ABAIL/7040/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court