Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16027 of 2021 Applicant :- Maneesh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Present application has been filed by the applicant, namely, Maneesh Jaiswal invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 26 of 2021, under Sections 395, 353, 427, 188, 323, 504, 506, 34 IPC, section 7 Criminal Law (Amendment) Act, and Section 126 of Representation of People Act, 1950, 1951, 1989, Police Station Kakarvai, District Jhansi.
Perusal of the record shows that the applicant 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 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 :- 6.10.2021 KU