Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15918 of 2021 Applicant :- Nishant Sehgal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,Sunil Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Learned counsel for the applicants, Sri Sunil Kumar Srivastava, learned counsel for the first informant, learned A.G.A. for the State are present.
This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No.182 of 2021, under Sections 498-A, 354, 323, 504 IPC and 3/4 D.P. Act, P.S. Gagalheri, District Saharanpur 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 by 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. In case such an application is filed before the court concerned in accordance with law, the same shall be dealt with expeditiously, on merits in accordance with law.
Order Date :- 17.12.2021 Neeraj