Dheer Saran vs State Of U.P.
2021 Latest Caselaw 6507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10577 of 2021
 

 
Applicant :- Dheer Saran
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sunita Chauhan,Dev Raj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. None for the applicants, though link was sent to Ms. Sunita Chauhan and Sri Dev Raj Singh, counsel for the applicans.

2. Sri Vikas Goswami, learned AGA for the State takes objection as to the direct approach of the applicants to this Court in a case, where FIR was lodged on 18.12.2018, charge sheet was filed on 06.09.2020, under the provision of Sections 420, 406, 468, 471 IPC. It is submitted that such direct approach is contrary to the Constitution Bench judgment of this Court in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.). The applicants have approached this court directly and therefore this application is not maintainable.

3. Accordingly, this Anticipatory Bail Application is dismissed as not maintainable without expressing any opinion on merits of the case with liberty to the applicants to approach the concerned Court of Sessions with a prayer for grant of anticipatory bail. It is expected that the learned Sessions Court will decide the application for anticipatory bail on its own merits within seven days of its presentation before the learned Sessions Court.

Order Date :- 21.6.2021

Ashutosh