Vijay Pal And 5 Others vs State Of U.P. And Another
2021 Latest Caselaw 6508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10576 of 2021
 

 
Applicant :- Vijay Pal And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mrityunjay Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

1. None for the applicants, though link was sent to Sri Mrityunjay Dwivedi, 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 03.07.2020, charge sheet was filed on 23.12.2020, under the provisions of Sections 147, 148, 149, 323, 324, 325, 352, 504, 506, 308 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