Jasmat vs State Of U.P.
2023 Latest Caselaw 3129 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. - 3183 of 2021
 

 
Applicant :- Jasmat
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Jalaj Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.656 of 2019 under section 307 I.P.C., P.S. Laharpur, district Sitapur.

Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

Learned A.G.A. has raised a preliminary objection that no rejection order has been filed by the applicant, nor there is any averment in the affidavit filed in support of the application that the applicant had earlier filed an anticipatory bail application before the Sessions Court. He further submits that it appears that the applicant has directly approached this Court. There are no special circumstance so as to permit the applicant to approach this court directly and not to file anticipatory bail application in the Sessions Court. In support of his contention, learned A.G.A. has relied on a judgment dated 2.3.2020 passed by a Full Bench of this Court in Anticipatory bail application No.1094 of 2020 Ankit Bharti vs. State of U.P. and another.

Learned counsel for the applicant submits that he does not have any instruction from his client.

On due consideration to the argument advanced and perusal of the record, submission of learned A.G.A. appears to have weight. There is no special circumstance or even a pleading in the affidavit filed support of the bail application so as to permit the applicant to invoke the jurisdiction of this court under Section 438 CrPC directly.

Accordingly, the anticipatory bail application in view of the law laid down in Ankit Bharti's case (supra) is rejected.

The applicant is at liberty to avail other appropriate remedy, provided under law.

Order Date :- 30.1.2023

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