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2025 DAILYLAW 124891 (ALL)

WAQAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/172/2025 · 2025-02-24

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11519 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 172 of 2025 Applicant :- Waqar Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused- applicant on anticipatory bail in FIR/ Case Crime No.408 of 2024, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter, referred to as 'Act 1986') Police Station - Raniganj District - Pratapgarh. Preliminary objection is raised by learned counsel for the State that the applicant has straightway approached this Court by way of preferring the present anticipatory bail application and no reason has been explained; therefore, the anticipatory bail application is liable to be dismissed. Counsel for the applicant has submitted that there are acute apprehension that the police will arrest the applicant and there are strike of the advocates in the trial court, therefore, the present anticipatory bail application may be entertained. Considering the submission of learned counsel for the parties and from perusal of the record, it transpires that no special reasons are recorded for straightaway approaching this Court. Undoubtedly, a person apprehending his arrest can approach this Court directly but the law is settled in case of Ankit Bharti Vs State of U.P. (Criminal Misc. Anticipatory Bail Application No.1094 of 2020), wherein the special reasons for directly approaching this Court must be disclosed, which is lacking in the present matter. Resultantly, this Court finds merit in the preliminary objection raised by learned counsel for the State. Consequently, the anticipatory bail application is hereby dismissed. However, it is provided that the applicant may approach the learned trial court, if he so desires. Order Date :- 24.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench