Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16253 of 2021 Applicant :- Abdul Ajij @ Chhedi Haddi Wale Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Rama Pati Tripathi, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant- Abdul Ajij @ Chhedi Haddi Wale, seeking anticipatory bail, in the event of arrest in Case Crime No. 96 of 2021, under Sections 147, 307, 323 and 504 I.P.C. registered at Police Station Rail Bazar, District Kanpur Nagar.
It has been pointed out by learned counsel for the State that the applicant has directly approached this Court without approaching the court below and has raised objection that the same does not in any manner states of any special circumstances for approaching this Court directly as has been held by the Full Bench of this Court in the case of Ankit Bharti vs. State of U.P. & Another in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1094 of 2020.
On a query to learned counsel for the applicant, he states that reason for directly approaching this Court has been mentioned in para no. 6 of the affidavit filed in support of anticipatory bail application as the special circumstance for the applicant approaching this Court which is that the police is trying to arrest the applicant in the premises and campus of Katcheri Kanpur Nagar and the applicant is aged about 83 years, suffering from illness of kidney and therefore has approached this Court directly.
Perusal of para 06 of the affidavit filed in support of anticipatory bail application shows that the reasons as stated are not in consonance and are not at all satisfactory and do not in any manner speak of any special circumstance for approaching this Court. This Court is not impressed at all by the said circumstance as mentioned in para 06 of the affidavit.
The present anticipatory bail application is thus rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 AS Rathore (Samit Gopal,J.)