Citation : 2023 Latest Caselaw 14319 ALL
Judgement Date : 5 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1049 of 2023 Applicant :- Isthekhar Ali Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Learned A.G.A. at the outset has submitted that on 06.06.2022 prior to filing of anticipatory bail application before the Sessions Court, already an order for proclamation under Section 82 Cr.P.C. has been issued, hence, the anticipatory bail application is not maintainable in view of judgment of Apex Court passed in the case of "Lavesh v. State(NCTofDelhi) [(2012) 8SCC730] ".
In view of the above, the anticipatory bail application is dismissed as not maintainable.
Order Date :- 5.5.2023
R.C.
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