Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9145 of 2021
Applicant :- Bharat And Another
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
(1) Heard learned counsel for the applicants and learned A.G.A and perused the record.
(2) The instant application is being moved by the applicants namely, Bharat and Sudhir Dixit invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non- bailable offence in connection with Case Crime no.45 of 2021, under Sections 363, 504, 506 I.P.C., Police Station- Mohammadabad, District-Farrukhabad.
(3) From the record, it is evident that the applicants have approached this Court straightaway without getting their anticipatory bail rejected from the Court of Sessions.
(4) Learned counsel for the applicants has drawn attention of the Court to Clause-7 of Section 438 Cr.P.C. (U.P. Act No.4 of 2019), which read thus :
"(7) If an application under this section has been made by any person to the High Court, no application by the same person shall be entertained by the Court of Session."
(5) After interpreting the aforesaid clause, it is clear that the Legislature in its own wisdom bestowed two avenues upon the accused with a rider that if the accused has chosen to come to the High Court straightaway, then he would not be relegated back to exhaust his remedy before the Court of Session first. In this regard, learned counsel for the applicants has placed reliance upon the Full Bench judgment of this Court in the case of Ankit Bharti and others Vs. State of U.P. and another, 2020(3) ADJ 575 in which the Bench has directed to spell out the extraordinary and special reasons for coming to the High Court. After perusal of those pleadings/reasons in this regard, this Court is satisfied that the reasons mentioned therein are quite convincing to entertain the present anticipatory bail application before this Court itself.
(6) Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned
A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required.
(7) Learned counsel for the applicant submits that the applicants have been arrested during pendency of the present anticipatory bail application, and the same has rendered infructuous.
(8) Under circumstances, the cause of the instant anticipatory bail application no more survives, accordingly, same stands REJECTED.
Order Date :- 28.7.2021
M. Kumar