Allahabad High Court
Ramji Singh vs State Of U.P. Thru. ... on 16 January, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 99 of 2023
Applicant :- Ramji Singh
Opposite Party :- State Of U.P. Thru. Superintendent Of Police Cbi/Acb Lko.
Counsel for Applicant :- Purnendu Chakravarty,Pranjal Jain
Counsel for Opposite Party :- Anurag Kumar Singh
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Purnendu Chakravarty, learned counsel for the applicant and Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Anurag Kumar Singh, learned counsel for the C.B.I.
By means of this anticipatory bail application, the present applicant (Ramji Singh) has prayed for granting anticipatory bail in Criminal Case No.09 of 2012, FIR/ Crime No.RC0062011A0007 dated 13.04.2011, under Sections 120-B, 420, 467, 468 & 471 I.P.C. and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988, Polic Station-CBI/ ACB, District-Lucknow.
At the very outset, learned counsel for the C.B.I. has raised objection regarding maintainability of this anticipatory bail application before this Court by submitting that the applicant has directly approached this Court whereas he should have first approached the learned Sessions Court by filing anticipatory bail application. It is also stated that in view of the judgment of Full Bench of this Court rendered in re: Ankit Bharti vs. State of U.P. reported in (2020) (3) ADJ 165 (F.B.), the special reasons should have been indicated by approaching this Court instead of approaching the learned Sessions Court.
However, on that, Sri Chakravarty has drawn attention of this Court towards the order dated 05.01.2023 passed by this Court at Allahabad in Criminal Misc. Anticipatory Bail Application (U/S 438 Cr.P.C.) No.3811 of 2022 (Ramji Singh vs. Central Bureau of Investigation) giving liberty to the present applicant to file anticipatory bail application before this Court at Lucknow within seven days by providing that till that period no coercive action shall be taken against the present applicant. The order dated 05.01.2023 reads as under:-
"1. Sri Anurag Sharma, learned counsel for the applicant submits that since the cases are being tied up at Lucknow, he would like to withdraw this application and file the said application before the Lucknow Bench of this Court.
2. Sri Gyan Prakash Srivastava, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. has no objection to the said prayer.
3. Therefore, the present application is dismissed with liberty to file the same before the Lucknow Bench of this Court within a period of seven days from today.
4. For a period of seven days, no coercive measure to be taken against the applicant in Crime No. RC0062011A0007, (CBI Vs. Pawan Kumar and Others), under Sections 120-B, 420, 467, 468, 471 IPC and Section 13 (2) read with Section 13(1)(d) of Prevention of Corruption Act, Police Station CBI/ACB Lucknow."
Having considered the decision of Full Bench of this Court rendered in re: Ankit Bharti (supra), a liberty is given to the present applicant to file his anticipatory bail application before the learned Sessions Court within a period of one week from today and if such anticipatory bail application is filed by the present applicant before the learned Sessions Court, the same shall be considered and disposed of with expedition, strictly in accordance with law, without giving unnecessary adjournment to any of the parties.
For the period of seven days, no coercive measures shall be taken against the present applicant.
However, the present applicant may file his anticipatory bail application before this Court after the final disposal of his anticipatory bail application by the learned Sessions Court, if he is so advised.
Accordingly, the instant anticipatory bail application is disposed of.
Order Date :- 16.1.2023 [Rajesh Singh Chauhan,J.]
Suresh/
