Vivek Bansal And 2 Other vs State Of U.P.
2021 Latest Caselaw 6058 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6552 of 2021
 

 
Applicant :- Vivek Bansal And 2 Other
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Abhishek
 
Counsel for Opposite Party :- G.A.,Krishna Kant Tiwari
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri Abhishek, learned counsel for the applicants, Sri Krishna Kant Tiwari, learned counsel for the complainant and learned A.G.A. for the State.

The only reason which has been mentioned in paragraph no.6 for not complying with the requirements of law laid down in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) is that applicants belong to the same locality as of party no.2 and if they appear before the District Court, Meerut, then may be assaulted or falsely implicated in another case.

When specifically asked whether this fact was brought to the notice to the local administration seeking protection, then applicants are not in a position to answer this query of the Court.

Moreover, in case of filing of anticipatory bail, presence of the applicants is not required. Therefore, this content of para 6 of the application does not made out a case for any extraordinary circumstance to directly entertain anticipatory bail application in violation of judgment of this Court in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.).

Accordingly, this Anticipatory Bail Application is dismissed without expressing any opinion on merits of the case with liberty to the applicants to approach the concerned Court of Sessions.

Order Date :- 7.6.2021

Ravi/-