Santosh Kumar Sonkar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6003 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 467 of 2023
 

 
Applicant :- Santosh Kumar Sonkar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
 
Counsel for Applicant :- Aditya Prakash Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Present anticipatory bail application has been filed for anticipatory bail in the event of arrest in FIR No.0499 of 2018 under sections 3/7 Essential Commodities Act, P.S. Kotwali Nagar, district Unnao/Raebareli.

At the outset, a preliminary objection has been raised by the learned A.G.A. that the applicant has directly filed this anticipatory bail application before this court without there being any exceptional circumstance to show that he cannot go before the Court of Sessions first and accordingly, in view of the Full Bench judgment of this court in Ankit Bharti versus State of U.P. and another passed in anticipatory bail No.1094 of 2020, the present application for anticipatory bail is not maintainable.

On due consideration to the submission of learned A.G.A., the application is dismissed with liberty to file appropriate application before the Sessions Court first.

Office is directed to return the certified copies of the documents annexed with the application as per rules of the court, to applicant's counsel.

Order Date :- 23.2.2023/kkb/