Jitendra Kumar Gaur (A.K Gaur) vs The State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3911 ALL

Citation : 2023 Latest Caselaw 3911 ALL
Judgement Date : 7 February, 2023

Allahabad High Court

Jitendra Kumar Gaur (A.K Gaur) vs The State Of U.P. Thru. Prin. Secy. ... on 7 February, 2023

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 285 of 2023
 

 
Applicant :- Jitendra Kumar Gaur (A.K Gaur)
 
Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Sachin Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.

Notice to respondent No.2 is dispensed with.

The present application has been filed seeking anticipatory bail in case crime No.667 of 2009 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Visheshwarganj, district Bahraich.

Learned A.G.A. has raised a preliminary objection that the anticipatory bail application is not maintainable as the accused has already filed a discharge application before the trial court through his counsel and the same is pending disposal.

The applicant's counsel does not dispute the fact that discharge application filed by the applicant is pending and appearance has been put through counsel.

On due consideration to the argument advanced and judgment dated 21.1.2022 passed by Karnataka High Court in Ramesh versus State through Dy. RFO, Hosur Section Gauribindanur Range Chikkaballapura District, I am of the opinion that once the accused accused applicant has put in appearance through counsell before the trial court, anticipatory bail application is not maintainable and is accordingly dismissed.

At this stage, learned counsel for the applicant submits he may be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021.

It is provided that in case the applicant files a regular bail application within 20 days from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021.

Order Date :- 7.2.2023

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