Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16936 of 2021 Applicant :- Smt. Gudiya Begam Esahin Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav,Shashank Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicant- Smt. Gudiya Begam Esahin, in Case Crime No. 0002 of 2021, under Sections 370, 504, 506 I.P.C. and Section 67 & 67(a) of Information Technology (Amendment) Act, Police Station-Anti Human Trafficking Unit, District-Kanpur Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent; she has been falsely implicated in this very case crime number, there is apprehension of arrest by the police; hence this straightway application was moved before this Court; applicant was not present on the spot; hence this application for anticipatory bail with above prayer.
Learned AGA has vehemently opposed with this contention that in view of judgement of Full Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another), some special reason is to be placed before the Court for straightway entertaining application under Section 438 Cr.P.C. but no specific reason is there.
Having heard and gone through material placed on record, it is apparent that straightway this application has been moved and there is no specific or cogent reason for entertaining in view of Full Bench Judgment.
Accordingly, anticipatory bail application is dismissed with liberty to approach before Sessions court.
Order Date :- 17.12.2021 Dhirendra/