DINESH KUMAR SINGH,J. - (1.) Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Abhishek Tripathi, learned counsel for the applicant, Sri Rajesh Mishra, learned counsel for the opposite party no. 2, Sri G.P. Singh, learned A.G.A. and perused the record.
(2.) This Anticipatory bail application has been moved seeking bail in Case Crime No.0421 of 2018 under sections 420, 467, 468, 471, 120B IPC and section 13 of Prevention of Corruption Act, Police Station Kasna, District Gautambudh Nagar, during the pendency of trial.
(3.) It is argued by the learned counsel for the applicant that he has come to this Court directly to seek relief of anticipatory bail in view of the interpretation of the provision under section 438 of the Code of Criminal Procedure made by Full Bench of this Court in Crl. Misc. Bail Application No.4386 of 1975 connected with Crl. Misc. Bail Application No.4402 of 1975, decided on January 9, 1976 wherein preliminary objection as to the maintainability of application was raised by the learned Government Advocate inasmuch as applicants did not move the Session Judge concerned before making an application for anticipatory bail in the High Court. Therefore a question had been referred to the Full Bench of this Court, which was as follows: "Whether an application for anticipatory bail under the provisions of the Section 438 of the Code of Criminal Procedure, 1973, is maintainable in the High Court without such an application having been moved and rejected in the court of Sessions?" After in depth consideration, by this Court, following was the answer given. "We, therefore, answer the question under reference in the affirmative and hold that a bail application under section 438, Code of Criminal Procedure, may be moved in the High Court without the applicant taking recourse to the Court of Sessions." ;