Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9845 of 2021 Applicant :- Vinay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himkanya Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Mrs. Himkanya Srivastava learned counsel for the applicant, Sri Sanjay Kumar 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- Vinay Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 0070 of 2021, under Sections 406, 420, 506 I.P.C. registered at Police Station Nandgram, District Ghaziabad.
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 applicant, he states that reason for directly approaching this Court is given in para no.13 of the affidavit filed in support of anticipatory bail application.
Perusal of para 13 of the affidavit filed in support of anticipatory bail application shows that there is averment that the applicant is having reasonable apprehension that he may be arrested by the Investigating Officer in the present case and as such anticipatory bail application has not been filed before the court below. This Court is not impressed at all by the said circumstance as mentioned in para 13 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.
Order Date :- 26.10.2021 AS Rathore (Samit Gopal,J.)