Piyush Chandra Vs State of U.P. and 2 Others

Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6948 of 2022

Applicant :- Piyush Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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From 08.09.2022, the matter has not been argued and has been adjourned on several occasions on the request of learned counsel for the applicant. Today, Mr. Kaushal Kumar, Advocate requests to pass over the case for today.

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The applicant has filed present application invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehend his arrest by the police for having committed a nonbailable offence registered as Case Crime No. 265 of 2022, under Sections 420, 409 IPC, Police Station- Kotwali, DistrictBareilly.

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Learned AGA has pointed out that the applicant has approached before this Court directly without availing remedy to approach before the court below.

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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 :- 3.1.2023 Jitendra/-

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

Piyush Chandra v. State of U.P. and 2 Others

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Piyush Chandra v. State of U.P. and 2 Others

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