Lal Chand Yadav v. State of U.P.
Case brief
What is this about?
Anticipatory bail application rejected as filing directly before High Court per Ankit Bharti precedent was not a fit case.
What the court decided
Court No. - 47
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7431 of 2021
Applicant :- Lal Chand Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Manoj Kumar, learned counsel for the applicant and Shri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the material on record.
The present anticipatory bail application has been filed on behalf of applicant Lal Chand Yadav , under Section 438 of the Code of Criminal Procedure directly before this Court, with a prayer to grant anticipatory bail in Case Crime No. 120 of 2020 for offence punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code and Section 12 of the Passport Act, registered at Police Station- Gola, District- Gorakhpur.
Learned counsel for the applicant submits that the applicant is residing outside of District Gorakhpur, therefore, he has directly filed present anticipatory bail application for seeking remedy of anticipatory bail application.
As per the law laid down in Full Bench judgment of this Court in Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) , the grounds for filing anticipatory bail application directly before this Court is insufficient. Therefore, it is not a fit case for grant of anticipatory bail to the applicant.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted directly by the High Court without issues being raised before a Single Judge.
Parties & counsel
- applicant
Lal Chand Yadav
Coram
Sanjay Kumar Pachori
Tripti Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/7431/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court