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2025 DAILYLAW 103548 (ALL)

SARIK v. STATE OF U.P. AND 3 OTHERS

NABAIL/8139/2025 · 2025-10-06

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8139 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-This Criminal Misc. Anticipatory Bail Application under Section 482 of B.N.S.S., 2023 has been moved by the applicant directly before this court seeking anticipatory bail in Case Crime No. 0305 of 2025, under Sections 137(2), 87, 64(1) B.N.S., 2023 and Sections 3/4(2) POCSO Act, Police Station Bilsi, District Budaun. 3-At the outset, learned Additional Government Advocate raised a preliminary objection by contending that no compelling or special circumstances exist in the present case warranting the jurisdiction of this Court being invoked directly without the avenue as available before the Court of Sessions being exhausted. Hence, in the light of the judgment of the Hon'ble Supreme Court in the case of Jagdeo Prasad vs. State of Bihar and Others, 2025 SCC OnLine SC 2108, this anticipatory bail application is not maintainable. 4-In response, learned counsel for the applicant is not in a position to meet out the aforesaid preliminary objection as raised on behalf of the State. 5-Accordingly, this Anticipatory Bail Application is dismissed, without expressing any opinion on merit of the case, with liberty to the applicant to approach the concerned Court below. October 7, 2025 Saurabh Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Singh,J.) Sarik .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad