Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17479 of 2021 Applicant :- Subash Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vimal Kumar Pandey,Sakshi Jaiswal 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- Subhash Singh, in Case Crime No. 193 of 2018, under Sections 419, 420, 409 I.P.C., Police Station-Ramkola, District-Kushi Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he 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. However, he is at liberty to move before Sessions court.
Order Date :- 17.12.2021 Dhirendra/