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2025 DAILYLAW 200103 (ALL)

RAM KUMAR YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/8334/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8334 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 learned counsel for the complainant. 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. 343 of 2025, under Section 108 B.N.S., 2023, Police Station Jhunsi, District Prayagraj. 3-At the outset, learned A.G.A. representing the State and learned counsel for the complainant raised a preliminary objection by contending that no compelling or special circumstances exists 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 judgments of the Hon'ble Supreme Court in the case of Jagdeo Prasad Vs. State of Bihar and Others, 2025 SCC OnLine SC 2108 and Mohammed Rasal.C and Anr. Vs. State of Kerala and Anr., Special Leave to Appeal (Crl.) No. 6588 of 2025, decided on 08.09.2025, and the order dated 17.09.2025 passed by the coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1254 of 2025 (Mohd. Amir and another Vs. State of U.P. and others), 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 opposite parties. 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 14, 2025 Shubham Versus Counsel for Applicant(s) : Pankaj Dwivedi, Subhash Chandra Vishwakarma Counsel for Opposite Party(s) : G.A., Tej Pratap Singh (Sanjay Kumar Singh,J.) Ram Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad