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2025 DAILYLAW 150392 (ALL)

HARSH GUPTA v. STATE OF U.P. THRI. PRIN. SECY. HOME LKO.

NABAIL/864/2025 · 2025-07-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40622 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 864 of 2025 Applicant :- Harsh Gupta Opposite Party :- State Of U.P. Thri. Prin. Secy. Home Lko. Counsel for Applicant :- Shashank Mishra,Ujjwal Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed seeking anticipatory bail in case crime No.0189 of 2025, under Sections 131, 309(6), 115(2), 352, 110 of BNS, P.S. Sarojini Nagar, District Lucknow. From perusal of the record, it appears that this anticipatory bail application has been filed directly before this Court. The Full Bench of this Court in the case of Ankit Bharti vs. State of U.P. and another reported in [2020 SCC OnLine All 1949] has held that without there being any exceptional circumstance, the anticipatory bail application is not maintainable directly before the High Court hence the anticipatory bail application is dismissed as not maintainable as there is no such exceptional circumstance in the case at hand. However, the applicant is at liberty to file a fresh anticipatory bail application before the learned sessions court. Order Date :- 16.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench