Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17716 of 2021 Applicant :- Amarjeet @ Sippu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, 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 Amarjeet @ Sippu, seeking anticipatory bail, in the event of arrest in Case Crime No.605 of 2021, under Sections 354Ka, 323, 506 IPC and Section 7/8 POCSO Act, Police Station Akabarpur, District Kanpur Dehat.
In compliance of the Court's order dated 22.10.2021, learned counsel for the State has informed the Court that the first informant is having criminal history of three cases and the applicant has criminal history of two cases. He further states that the applicant has directly approached this Court without approaching the court below which is in violation of the judgement passed 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 is given in para no.5 of the affidavit filed in support of anticipatory bail application.
The present anticipatory bail application has been filed directly before this Court without approaching the court below. The special circumstance for directly approaching this Court is given in para no.5 of the affidavit filed in support of anticipatory bail application in which it is stated that due to fear of the first informant who is a hardened criminal and is amongst the top ten criminals of the district, the applicant has directly approached this Court. The said circumstance as mentioned in para 5 of the affidavit does not impress the Court at all. The applicant is also reported to be involved in two other cases.
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.
(Samit Gopal, J.) Order Date :- 27.10.2021 Gaurav