Allahabad High Court
Anil Kumar Gupta @ Ajay Kumar Madeshiya @ ... vs State Of U.P. And 2 Other on 21 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8766 of 2021 Applicant :- Anil Kumar Gupta @ Ajay Kumar Madeshiya @ Anil Pradhan And 4 Others Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- S.K. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. None for the applicants though VC link was sent to Sri S.K. Srivastava, learned counsel for the applicants. Sri Nagendra Srivastava, learned AGA for the State takes objection as to the direct approach of the applicants to this Court without exhausting alternative remedy of approaching the learned Sessions Court which is mandatory in view of the law laid down in case of Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.). The applicant has approached this court directly and therefore this application is not maintainable.
2. Accordingly, this Anticipatory Bail Application is dismissed as not maintainable without expressing any opinion on merits of the case with liberty to the applicants to approach the concerned Court of Sessions with a prayer for grant of anticipatory bail. It is expected that the learned Sessions Court will decide the application for anticipatory bail on its own merits within seven days of its presentation before the learned Sessions Court. .
Order Date :- 21.6.2021 S.K.S.