Court No. - 81
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438
CR.P.C. No. - 403 of 2022
Applicant :- Dharmendra And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dev Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Learned counsel for the applicants, learned A.G.A. for the State are present.
This anticipatory bail application has been moved seeking anticipatory bail in
Case Crime No. 0679 of 2021, under Sections 147, 149, 452,323, 352, 326, 354
and 354-Kha IPC, P.S. Jahangirabad, District Bulandshahar, with the prayer that
in the event of arrest, applicants may be released on bail.
At the outset learned A.G.A. has pointed out that the applicants have approached
this Court directly without exhausting their remedy before the court of sessions.
The Full Bench consisting five Judges of this Court in the case of Ankit Bharti
vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.) has held that there must
be compelling or special circumstances entitling a party to directly approach the
High Court for grant of anticipatory bail.
In the instant matter, after perusing the record, this Court does not find any
compelling or special circumstances so as to approach this Court directly
bypassing the Court of Session. Hence, without expressing any opinion on the
merits, the instant application for anticipatory bail is dismissed as not
maintainable at this stage before this Court. The applicants are given liberty to
move an appropriate application before the Court concerned in accordance with
law.
Order Date :- 3.2.2022
A. Tripathi
Neutral Citation No. - 2022:AHC:8693