Kishun Dev Vs State of U.P.

Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10004 of 2021

Applicant :- Kishun Dev Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Pratap Singh Counsel for Opposite Party :- C.S.C.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised. No one has appeared on behalf of the applicant to press this application.

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Mr. K.P. Pathak, learned AGA for the State is present.

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The present application has been moved seeking anticipatory bail in Case Crime No.22 of 2021, under Sections 420, 467, 468, 471 IPC and Section 3/5A/8 Cow Slaughter (Prevention) Act, 11 Animal Cruelty Act, P.S. Rasara, District-Ballia, with the prayer that in the event of arrest, applicant may be released on bail.

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At the very outset, learned AGA has pointed out that the applicant has approached before this Court directly without availing remedy to approach before the court below, therefore, this application is not maintainable.

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A Full Bench of this Court in the case of Ankit Bharti and others v. State of U.P. and another, 2020 (3) ADJ 575 (FB), has clearly held that special circumstances must necessarily exist and be established, and the application must rest on a strong foundation to invoke concurrent jurisdiction of this Court directly; without rejection by the court below.

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Taking into consideration the facts and circumstances, I find that the reasons assigned for approaching this Court directly for anticipatory bail are not at all convincing extraordinary and special, as such, this anticipatory bail application is rejected leaving it open to the applicants to take recourse to the remedy available under law.

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Order Date :- 28.1.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Kishun Dev v. State of U.P.

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Kishun Dev v. State of U.P.

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