The Court dismissed the anticipatory bail application because the applicant directly approached the High Court without exhausting remedies at the trial court, citing established precedent, and because the investigation had concluded with a final report, rendering the application infructuous.
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Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 412 of 2020
Applicant :- Suresh Chand Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
List revised. No one has appeared on behalf of the applicant to press this application.
Learned A.G.A. submits that applicant has approached this Court directly without approaching the Court below, therefore, the application is not maintainable in view of the Full Bench Decision of this Court in the case of Ankit Bharti Vs. State of U.P. and another, reported in 2020 (3) ADJ 575 (FB), wherein it has been 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.
He further submits that final report has been submitted on 04.01.2020, therefore, the application has become infructuous.
Accordingly, the application is dismissed.
Order Date :- 17.1.2023 Rahul.
Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the anticipatory bail application is maintainable when approached directly without exhausting remedies before the court below.
Whether anticipatory bail application has become infructuous following the submission of the final investigation report.
Colour shows how this judgement treated each authority
Ankit Bharti Vs. State of U.P. and anotherReferred¶6
Ankit Bharti Vs. State of U.P. and another, 2020 (3) ADJ 575 (FB)
Suresh Chand Agrawal
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
