Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5952 of 2021 Applicant :- Bairister And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meenu Shukla,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Shiv Kumar Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Present application has been filed by the applicants, namely, Bairister, Smt. Mitesh and Kalpana Tyagi, invoking the powers of Section 438 Cr.P.C. stating therein that they reasonably apprehend their arrest by the police for having committed a non-bailable offence registered vide Case No. 6014 of 2019 (State versus Rahul and others), under Sections 498-A, 420, 323, 504, 307, 354,-Kha IPC and Section 3/4 D.P.
Act, arising out of Case Crime No. 914 of 2018, Police Station Kharkhauda, District Meerut.
It is evident that in the case of Ankit Bharti and others Vs. State of U.P. and another reported in (2020) 3 ADJ 575, it has been clearly held that there must be extraordinary and special reasons to directly entertain the anticipatory bail application without its rejection by the court below.
In my considered opinion, the reason assigned for approaching this Court directly for anticipatory bail is not at all convincing extraordinary and special, as such, this anticipatory bail application is disposed of with a direction to the applicant to approach the court below for anticipatory bail. In case, an application for anticipatory bail is filed before the court below, the same be considered and disposed of expeditiously in accordance with law.
Order Date :- 23.9.2021 Ravi Prakash