HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1297 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mr. Yogesh Kumar Mishra, learned counsel for the applicant and Mr. Virendra Kumar, learned AGA-I for the State. 2. The present application has been filed with the prayer to grant the applicant- Sebu Khan @ Misbahuddin anticipatory bail in Case Crime No.0626 of 2025 under Sections 74, 110, 115(2), 352, 351(2), 3(5) and 109 of BNS, 2023, P.S.- Kotwali Nagar, District- Sultanpur. 3. Learned AGA has raised preliminary objection that the applicant has approached this Court directly seeking anticipatory bail in Case Crime No.0626 of 2025 without first filing the application before the Sessions Court. 4. Learned counsel for the applicant has submitted that the applicant has an apprehension of being arrested and, therefore, he has not approached the Sessions Court. 5. Apprehension of arrest is the cause of action for filing of anticipatory bail application which needs to be filed before the Sessions Court first before approaching the High Court and apprehension of arrest would not make out the ground for by-passing the remedy available before the Sessions Court. Versus Counsel for Applicant(s) : Yogesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Sebu Khan @ Misbahuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 6. Accordingly, the instant application stands dismissed as not maintainable, leaving it open for the applicant to file an application seeking anticipatory bail before the Sessions Court which shall be decided expeditiously in accordance with law without being influenced by the dismissal of this application as not maintainable. 7. Office is directed to return the certified copies of the documents annexed with this application to the learned counsel for the applicant after taking photocopy of the same on record. September 22, 2025 V. Sinha NABAIL No. 1297 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench