Prabhat Chaudhary @ Bittu vs State Of U.P.
2021 Latest Caselaw 6076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10418 of 2021
 

 
Applicant :- Prabhat Chaudhary @ Bittu
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sunil Kumar Dubey
 
Counsel for Opposite Party :- G.A.,Dheeraj Kumar Singh
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri Sunil Kumar Dubey, learned counsel for the applicant.

Learned counsel for the applicant has filed this application seeking anticipatory bail for the applicant-Prabhat Chaudhary @ Bittu on the ground that in Anticipatory Bail Application No.8970 of 2021, a Co-ordinate Bench of this Court has given benefit of anticipatory bail to a co-accused and, therefore, on the strength of such order, he has approached this Court directly though the alleged offence was committed on 01.02.2021 and FIR was lodged on 02.02.2021.

Learned AGA opposes and submits that in the light of the judgment of Full Bench of this Court in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) direct approach of the applicant is not permissible.

After perusing the entire record, I find that in the instant anticipatory bail application, applicant has not mentioned any compelling or special circumstance to approach this Court directly without availing the remedy as available before the Court of Sessions being exhausted.

At this stage, Sri Sunil Kumar Dubey, learned counsel for the applicant submits that in order dated 24.05.2021, Co-ordinate Bench has dealt in detail with the judgment of Full Bench of this Court in case of Ankit Bharti (supra) and, therefore, on the basis of parity, he is entitled to grant of anticipatory bail.

However, perusal of the order passed in ABL (8970 of 2021) (Vikas @ Leelu vs. State of U.P.) reveals that there is no whisper in regard to the Full Bench order of this Court in case of Ankit Bharti (supra), which is binding on us and, therefore, this plea of the applicant being not correct, there is no ground to accept application for grant of anticipatory bail to the applicant.

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

Order Date :- 8.6.2021

Ravi/-