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2025 DAILYLAW 180521 (ALL)

ANKIT SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

NABAIL/1700/2025 · 2025-11-14

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1700 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. A preliminary objection regarding the maintainability of the anticipatory bail application has been raised by learned A.G.A., on the ground that the applicant has directly approached this Court. The submission of learned counsel for the applicant is that two of the co- accused persons have already been sent to jail, and for this reason, the applicant has approached this Court directly. It is further submitted that if the applicant goes to District Court Ayodhya, the police will arrest him. Perused the record as well as the judgment of the Full Bench of this Court in Ankit Bharti vs. State of U.P., 2020 SCC OnLine All 1949. The explanation furnished by the applicant does not fall within the exceptions carved out in Ankit Bharti (supra). The ground taken by the applicant does not appear to be tenable, and his case is not covered by the exceptions provided therein. As regards the apprehension of arrest upon entering District Ayodhya or the District Court premises, it is needless to say that for moving an anticipatory bail application, the applicant is not mandatorily required to enter the court compound. An affidavit can be sworn at any place, and for this purpose, the applicant is not required to physically visit the district court. In light of the above discussion, and as the case of the applicant does not fall within the exceptions carved out by the Full Bench in Ankit Bharti vs. State of U.P., 2020 SCC OnLine All 1949, no grounds are made out to entertain the present anticipatory bail application directly before this Court. Versus Counsel for Applicant(s) : Aditya Tiwari, Pankaj Chaudhary Counsel for Opposite Party(s) : G.A. Ankit Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Accordingly, the application, being devoid of merit, stands dismissed. However, the applicant shall be at liberty to avail the appropriate remedy by approaching the competent Court in accordance with law. November 14, 2025 Madhu D.R/P.S NABAIL No. 1700 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench