Yunush And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 2121 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3465 of 2022
 

 
Applicant :- Yunush And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kailash Pati Singh Yadav,Sheo Prasad Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

Heard Shri Ram Bachan Yadav holding brief for Shri K.P.S. Yadav and Shri S.P. Yadav, learned counsels for the applicants as well as learned A.G.A. for the State and perused the record.

At the outset learned A.G.A. raises an objection pertaining to maintainability of instant anticipatory bail application on the ground that the applicants are directly approaching this Court without moving any anticipatory bail application before the trial court and have not assigned any cogent and acceptable reasons for the same.

Learned counsel for the applicants has failed to show any special circumstances or reasons for directly approaching this Court.

Thus, in the light of law laid down by the Full Bench Judgment of this Court passed in 'Ankit Bharti vs. State of U.P. 2020 (3) ADJ 165 (FB)', the instant anticipatory bail application appears to be not maintainable and is dismissed, as such.

However, mere dismissal of the instant anticipatory bail application shall not preclude the applicants from moving another anticipatory bail application before the trial court as the instant anticipatory bail application has not been dismissed on merits.

Order Date :- 5.5.2022

Muk