Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16749 of 2021 Applicant :- Devashish And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, Shri Sanjay Srivastava, learned counsel for first informant and learned A.G.A. for the State and perused the record.
Present application has been filed by the applicants, namely, Devashish, Gopal Ji Gupta, Smt. Rekha Gupta @ Pappi, Abhishek Gupta @ Shubhashish Gupta and Ramesh Gupta 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 Crime No. 47 of 2021, under Section 498-A, 323, 504, 506, 406, 354(A), 377 IPC and section 3/4 of D.P. Act., Police Station Mahila Thana, District Kanpur Nagar.
Perusal of the record shows that the applicants has directly approached this Court without getting his anticipatory bail rejected by the court below.
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 applicants 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 :- 6.10.2021 R