Usman Gani @ Usman vs State Of U.P.
2021 Latest Caselaw 6451 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12043 of 2021
 

 
Applicant :- Usman Gani @ Usman
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Gyan Prakash Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

Sri Gyan Prakash Mishra, learned counsel for applicant submits that he has filed this anticipatory bail application on behalf of applicant-Usman Gani @ Usman, seeking parity with the order dated 05.10.2020 (Mustafa @ Mustakim vs. State of U.P. and 2 Others).

However, the fact of the matter is that applicant has directly approached this Court in violation of the judgment of the Constitution Bench consisting five Judges of this Court delivered in the case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.), inasmuch as, FIR was recorded on 21.12.2019.

As far as parity is concerned, applicant can always claim parity even before the learned Sessions Court by placing reliance on the order dated 05.10.2020.

In above terms, applicant prays for withdrawal of the anticipatory bail application with liberty to apply for anticipatory bail, which Court is expected to decide on its own merits within seven days from the date of filing of the application.

In above terms, application is dismissed as withdrawn with the aforesaid liberty.

Order Date :- 18.6.2021

Vikram/-