Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19872 of 2021 Applicant :- Rohit Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
It is an application moved by applicant- Rohit Yadav, under Section 438 Cr.P.C., for grant of anticipatory bail, filed straightway before this Court.
Learned A.G.A. has vehemently opposed this straightway filed anticipatory bail application with this contention that in view of judgment, passed by the 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.
Having heard learned counsel for both sides and gone through the material placed on record, there appears to be no special ground for entertaining this anticipatory bail application straightway by this Court.
Under above facts and circumstances as well as law laid down by Full Bench, cited as above, this application is rejected.
However, in case, applicant approach the trial court with bail application, same shall be considered and decided in accordance with law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC), Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 21.12.2021 Kamarjahan