Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13754 of 2021 Applicant :- Gyanesh Pathak Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Imran Ibrahim,Gaurav Tripathi
Hon'ble Samit Gopal,J.
Heard Sri Gaurav Tripathi, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.
The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant- Gyanesh Pathak in Case Crime No. 0684 of 2019, under Sections 420, 406, 467, 468, 471, 120-B, 323, 504, 506 I.P.C., Police Station-
Hari Parvat, District Agra.
The present application has been filed under Section 438 Cr.P.C. directly before this Court.
Learned counsel for the applicant places paragraph 6, 7 & 26 of the affidavit as reason being the special circumstances for approaching this Court directly. The second part of paragraph 6 states that the first informant exercises his clout in Agra and has made arrangements with local authorities and as such, the applicant fears arrest in case he approaches the court below.
Per contra, learned A.G.A. opposed the prayer for anticipatory bail on the ground of it being filed directly before this Court.
Although the first part of the paragraph 6 speaks of the applicant not approaching the court at Agra due to pandemic Covid-19 but the explanation in the said paragraph is not satisfactory and in view of the Full Bench decision of this Court passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1094 of 2020 (Ankit Bharti vs. State of U.P. & Another) vide order dated 02.03.2020, the special reason for approaching this Court directly as spelled out in the said paragraph is not at all impressing this Court.
Accordingly, the present anticipatory bail application is rejected.
At this stage, learned counsel for the applicant states that he may be granted liberty to approach the concerned Sessions Court under the same forum. The present anticipatory bail application has not been decided on merits but has been decided only on the reason of not giving satisfactory explanation to the specific circumstances as has been held in the Full Bench decision of this Court.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 Digitally signed by Justice Samit Gopal Date: 2021.10.27 18:07:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad