Amar Singh & Others v. State Of U.P. & Another

Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7162 of 2021

Applicant :- Amar Singh & Others

Opposite Party :- State Of U.P. & Another

Counsel for Applicant :- Virendra Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

1. Heard Sri Virendra Kumar Shukla, learned counsel for applicant as well as learned A.G.A. on behalf of State.

2. This is an application for grant of anticipatory bail to the accused-applicant in Case Crime No. 0180/2021, Under Section 147, 148, 149, 307, 504, 506 I.P.C., P.S. - Kursi, District - Barabanki.

3. Learned A.G.A., at the very outset, raised a preliminary objection that a five Judges' Bench of this Court in the case of

Ankit Bharti Vs. State of U.P. in Crl. Misc. Anticipatory Bail Application No.1094 of 2020 along with other matters have clearly dealt with this aspect in great detail and only in certain conditions, it is stated that the anticipatory bail would be maintainable at the first instance before the High Court and the anticipatory bail application preferred by the applicant under Section 438 Cr.P.C., at the first instance, should be preferred before the trial court and only then it should be filed before High Court while the applicant has approached High court directly and, therefore, the application deserves to be rejected but with liberty to the applicant to approach the competent court.

4. I have heard learned counsel for parties and perused the record.

5. From the facts as narrated in the application as well as argument raised by learned counsel, there is no ground for entertaining the application for grant of anticipatory bail directly before the High Court inasmuch as none of the conditions as stated by the full bench of in he case of Ankit Bharti (supra) applied to the facts of the present case.

6. Needless to say that the applicant has efficacious remedy before the trial court and in the said circumstances, I am not inclined to entertain present application.

Neutral Citation No. - 2021:AHC-LKO:8377

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7. Accordingly, the present anticipatory bail application is hereby rejected with the liberty to approach appropriate court for redressal of his grievances and the court shall proceed and decide the matter in accordance with law and not being affected by this order.

(Alok Mathur, J.) Order Date :- 13.7.2021 Ravi/

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