Allahabad High Court
GEETA DEVIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The High Court dismissed the anticipatory bail application, directing the applicant to first approach the Sessions Judge.
Summary
Geeta Devi applied for anticipatory bail under Section 482 of the Criminal Procedure Code directly before the Allahabad High Court, arguing that her earlier criminal miscellaneous writ petition had been dismissed. The State, represented by the Additional Advocate General, objected that she had not first approached the Sessions Court for bail. The applicant’s counsel contended that the dismissal of the writ petition justified filing directly in the High Court. The bench held that the applicant’s explanation was unsatisfactory and that procedural law requires first seeking bail from the Sessions Judge. Consequently, the anticipatory bail application was dismissed, with liberty granted to the applicant to approach the Sessions Judge of Jalaun. The court ordered the return of certified copies to the applicant’s counsel.
Issues considered
- Whether an anticipatory bail application under Section 482 can be filed directly in the High Court without first approaching the Sessions Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- High Court jurisdiction
- procedural requirement
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9622 of 2026
Geeta Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinay Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for applicant and Learned A.G.A. for the State.
2. Learned A.G.A. has raised objection that the applicant has directly
approached this Court without approaching the Sessions Court concerned for
seeking anticipatory bail.
3. Replying to the said objection, Learned counsel for the applicant stated
that as the applicant had filed Criminal Misc. Writ Petition No. 9579 of
2026, which was dismissed for want of prosecution, the applicant has chosen
to file this anticipatory bail application directly before the High Court.
4. This Court is not satisfied with the explanation given by the applicant of
approaching directly to the High Court without approaching the Sessions
Judge concerned.
5. This application is dismissed with the liberty to the applicant to approach
the Sessions Judge, Jalaun.
6. Certified copies may be returned to the Learned counsel for the applicant.
September 30, 2026
Sartaj
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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