Dharmendra And 4 Others v. State of U.P.

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