Amresh Pandey and Another v. State of U.P. and Another
Case brief
What is this about?
Nil. This appears to be a procedural dismissal treating the anticipatory bail application as incompetent for filing directly in the High Court without special grounds approved by the court below.
What did the court decide?
The bail application is rejected due to improper jurisdiction.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2465 of 2022
Applicant :- Amresh Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Kumar Srivastava Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey
Hon'ble Siddhartha Varma,J.
This Anticipatory Bail Application has been directly filed in the High Court. The special circumstances as narrated in para 8 of the affidavit under which the instant application has been filed directly in the High Court has not impressed the Court. The applicants have stated since there was danger to their lives at the Civil Court, Chandauli, the instant application had been filed in the High Court. This cannot be a ground for filing the application directly in the High Court.
Learned AGA and the learned counsel for the Opposite Party have stated that the applicants had not to go to the Civil Court for filing the anticipatory bail. Anticipatory bail application can always be filed before the Court below. Learned counsel for the applicants will be at liberty to file anticipatory bail application before the Court below.
Accordingly, the bail application is rejected. Order Date : - 18.5.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.19 18:26:03 IST Reason: Location: High Court of Judicature at Allahabad
Parties & counsel
- applicant
Amresh Pandey
- respondent
State of U.P.
Coram
Siddhartha Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- ABAIL/2465/2022
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