Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16218 of 2021
Applicant :- Ramayan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Raj Beer Singh,J.
Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Vinod Kumar
Yadav, learned counsel for the applicant, learned counsel for the complainant,
learned A.G.A. for the State are present.
This anticipatory bail application has been moved seeking anticipatory bail in
Case Crime No. 263 of 2018, under Sections 419, 420, 467, 468, 471, 506, 201,
120B IPC, P.S. Jahanaganj, District Azamgarh with the prayer that in the event
of arrest, applicant may be released on bail.
At the outset, it has been pointed out that the applicant has approached this
Court directly without exhausting his remedy before the court of sessions.
The Full Bench consisting five Judges of this Court in the case of Ankit Bharti
vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) has held that there must
be compelling or special circumstances entitling a party to directly approach the
High Court for grant of anticipatory bail.
In the instant matter, after perusing the record, this Court does not find any
compelling or special circumstances so as to approach this Court directly by
bypassing the Court of Session. Hence, without expressing any opinion on the
merits, the instant application for anticipatory bail is dismissed as not
maintainable at this stage before this Court. The applicant is given liberty to
move an appropriate application before the Court concerned in accordance with
law. In case such an application is filed, the same shall be dealt with
expeditiously, on merits in accordance with law.
Order Date :- 23.8.2022 Anand
Neutral Citation No. - 2022:AHC:131063