Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16278 of 2021 Applicant :- Tejbir Singh @ Shethi Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arjun Singh Solanki holding brief of Sri Pankaj Sharma, learned counsel for the applicant, Sri U.P. Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Tejbir Singh @ Shethi, seeking anticipatory bail, in the event of arrest in Case Crime No.319 of 2021, under Sections 354-A, 506, 406 IPC registered at Police Station Mandi Dhanaura, District Amroha.
It has been pointed out by learned counsel for the State that the applicant has directly approached this Court without approaching the court below which is in violation of the judgement passed in the case of Ankit Bharti vs. State of U.P. & Another in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1094 of 2020.
On a query to learned counsel for the applicants, he states that reason for directly approaching this Court is given in para no.5 of the affidavit filed in support of anticipatory bail application.
Perusal of para 5 of the affidavit filed in support of anticipatory bail application shows that there is averment that lower court at Amroha is not functioning properly and as such anticipatory bail application has not been filed before it. This Court is not impressed at all by the said circumstance as mentioned in para 5 of the affidavit.
The present anticipatory bail application is thus rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
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.
(Samit Gopal, J.) Order Date :- 25.10.2021/Gaurav